DODDAPPA Vs. SITAVVA AND ORS.

JUDGEMENT

(1.) Unsuccessful plaintiffs second appeal filed against the judgment and decree dated 12.01.2011 made in R.A. No. 21/09 on the file of the I Addl. District and Sessions Judge, Dharwad, confirming the judgment and decree dated 01.12.2008 made in O.S. 67/2005 on the file of the I Addl. Civil Judge (Sr. Dn), Hubli, dismissing the suit for declaration and injunction.

(2.) It is the case of the appellant/plaintiff before the Trial Court that agricultural land bearing R.S. No. 444/2B measuring 2 acres 28 guntas situated at Kundgol shown in A -schedule and a house property Municipal No. 1583 CTS No. 2126, property No. 2408, situated at Kundgol shown in B -Schedule are absolute properties of the plaintiff and he is in possession of the same and the said property originally belongs to Smt. Salubai wife of Sahadevappa Gaikwad, and the said Salubai was the real sister of the plaintiff Yellappa Balappa Rangoji is elder brother of the plaintiff and husband of defendant -1 and father of defendants 2 to 5. The said Smt. Salubai executed a Will on 27.4.1967 both in favour of the plaintiff and his brother deceased Yallappa Balappa Rangoji, i.e. husband of defendant -1 and father of defendants 2 to 5. Thus, by virtue of the registered will both plaintiff and deceased Yallappa Rangoji became joint owners of suit schedule -A properties/agricultural land. Both plaintiff and deceased Yallappa Rangoji jointly purchased the suit B -Schedule property from one Mahadevappa Bapurao Nikkam under registered sale deed dated 15.4.1961 for a valuable consideration. Thus, they became the joint owners of both A and B schedule properties and they are entitled to half share each in respect of both schedule properties equally.

(3.) It is the further case of the plaintiff that, defendant -1 wife of his brother deceased Yallappa. B. Rangaji has ran away with somebody along with children of deceased Yallappa Rangoji and the plaintiff alone looked after his elder brother Yallappa Rangoji till his death and during his ailments it is the plaintiff alone wo provided necessary treatment to Yallappa Rangoji and out of love and affection and confidence upon the plaintiff, the deceased Yallappa Rangoji has bequeathed his half share in the suit schedule A and B properties in favour of plaintiff as per the Will dated 30.5.1995 and his brother Y.B. Ranjogi died on 4.2.2000. It is the further case of plaintiff that just prior to his death the Y.B. Rangoji was taken away by the defendants from the house of the plaintiff to their place of residence at Dharwad when the plaintiff was out of station. Thereafter the plaintiff went to Dharwad and enquired with the said acts of the defendants, but they did not heed to the plaintiff Thereafter Y.B. Rangoji breathed his last at Dharwad even though he had no mind to stay at Dharwad with the defendants. After the death of his brother, the plaintiff gave Waradi to effect his name in the record of rights in respect of A and B Schedule properties in pursuance of the Will. Accordingly, in respect of A schedule property, the name of plaintiff was entered by the Tahasildar, Kundgol.