MANJAPPA AND ORS. Vs. K.R. SHESHAPPA

JUDGEMENT

(1.) The case of the plaintiff is that one Channppa had four sons, namely, Nanjappa, Siddanna, Kanchiganna and Manjanna. They died 30 years earlier to the filing of the suit. Their wives also died long back. Nanjappa had no issues. Siddanna had two daughters who died long back. Manjanna had one son who died without getting married. Kenchiganna is the grand -father of the plaintiff The suit schedule property was the ancestral property. All the branches of late Channappa were enjoying all the suit schedule property in joint. After the death of Channappa his sons and wife made a family arrangement on 10 -4 -1943. The suit property came to the share of the deceased Siddanna's daughters, Thimmakka and Hanumakka. They became the owners of the suit schedule property. On the same day Thimmakka sold her share in respect of the one Ankanna house. From that day Gangamma and Hanumakka became the absolute owners. Thimmakka died long back issueless. After her death her share came to Hanumakka. Hanumakka had a child by name Manjanna who died before marriage. Subsequently, all the suit property was inherited by Kenchiganna and Gangamma They became the absolute owners of the suit schedule property. Kenchiganna had a daughter by name Kuppallamma, who is none other than the mother of the plaintiff Kadappa is the legally wedded husband of Kuppalamma. After their marriage he lived in a house of Kenchiganna. On their death, the daughter Kuppalamma and son -in -law Kadappa succeeded to the estate. The plaintiff is the grand -son of Kenchiganna and Gangamma and he became the absolute owner. The plaintiffs father and mother died 10 years prior to the filing of the suit leaving behind the plaintiff as the only legal heir and successor.

(2.) It is further stated that the defendant has no manner of right, title or interest over the property. He is a stranger to the suit schedule property. The defendant in collusion with Savithramma has concocted a registered sale deed in respect of the above site. The defendant is in no way connected to the joint family of Channappa or her sons. That illegal entries have been made and the documents have been concocted by the defendant to claim possession to the property. The plaintiff issued a legal notice to the concerned authorities to cancel the entries. The same was not done. Hence, he filed the suit for a declaration that he is the absolute owner in possession of the suit schedule property and to declare that the alleged sale deed executed by Savithramma in favour of the defendant and subsequent entries in the Grama Panchayat records is null and void and for an injunction to restrain the defendants. On service of summons the defendant entered appearance and denied the plaint averments. He contended that he is the husband of one Manjula, who died in the year 1982. Her parents are Sannappa and Savithramma. They took the defendant to the house as "Mane aliya". That the father -in -law of the defendant was adopted by Smt. Hanumakka long back. Since they did not have any issues, they adopted Sannappa. The father -in -law of the defendant by name Sannappa is the adopted son of Smt. Hanumakka. They adopted Sannappa long back since they did not have any issues. The mother -in -law of defendant executed a registered sale deed in respect of the vacant sites in favour of the defendant, on the basis of which katha was changed to the name of the defendant. The document was executed. The measurement was mentioned as 16 x 80 ft. However, by measuring the property the katha was changed. The defendant is in possession of the suit schedule property. Hence, he pleads that the suit be dismissed.

(3.) Based on the above pleadings the trial Court framed the following Issues: - -