M.S. SHEKHARAPPA Vs. VEERAMMA AND ORS.

JUDGEMENT

(1.) The appellant herein is the plaintiff in O.S.No.6/2002. In a suit filed seeking for declaration that he is the successor to the estate and liabilities of his adoptive father Late Nanjappa and in that light sought for partition and separate possession of the suit schedule property on declaring the gift deed executed by the defendant No.1 in favour of defendant No.2 is not binding insofar as the share of plaintiff is concerned, the trial Court decreed the suit by its judgment and decree dated 11.12.2006. The defendants claiming to be aggrieved by the same were before the Lower Appellate Court in R.A.No.9/2007. The Lower Appellate Court has by its judgment dated 23.11.2010 allowed the appeal and set aside the judgment and decree passed by the trial Court. The plaintiff is therefore before this Court in this second appeal under Section 100 of CPC against the divergent judgments.

(2.) The brief facts on which this case rests and is to be noticed to the extent for consideration of this appeal is as follows:

(3.) The defendants on appearance filed the written statement and disputed the claim as put forth by the plaintiff. Though the fact relating to the sale deed dated 23.07.1962 is not disputed, it is the contention of the defendants that the entire sale consideration was paid by defendant No.1. Due to they being close and since Kallappa was illiterate and not worldly wise he depended on Nanjappa in respect of all transactions. The original document was therefore with Nanjappa is the contention. The defendants further disputed the claim that the plaintiff was adopted by Nanjappa. The defendants therefore claimed absolute right in respect of the suit schedule property. It was also contended that Late Nanjappa had two daughters who were not made parties to the suit. Hence, they sought for dismissal of the suit.