DAKSHAYANAMMA Vs. KALLAPPA AND ORS.

JUDGEMENT

(1.) THIS regular second appeal is filed challenging the concurrent findings recorded by the Courts below dismissing the suit filed by the plaintiff -appellant herein.

(2.) APPELLANT filed the suit seeking relief of declaration that she is the owner in possession of the suit schedule properties and for permanent injunction to restrain the defendants from interfering with the possession and enjoyment of the plaintiff. The suit schedule properties are described as lands bearing Sy. No. 21/3 -P measuring 3 acres 11 guntas and Sy. No. 21/3 -P measuring 7 acres 4 guntas that is to say total extent of 10 acres 15 guntas situated at Hurulihally Village, Hosdurga Taluk of Chitradurga District.

(3.) DEFENDANTS 1 to 6 denied the assertions made by the plaintiff and also denied the claim of the plaintiff that she had been in possession and enjoyment of the suit schedule properties. They also denied the partition of the suit properties and the allegation that in the said partition, suit schedule properties had fallen to the share of the father of the plaintiff. They contended that Thimmappa took his share and severed from the joint family in the year 1910 and thereafter, Nanjappa along with Mallappa belonging to another branch, continued to be in joint family and it is they who purchased Sy. No. 21 during the year 1922. They continued to enjoy jointly the said properties till 1925 and got divided the same in the year 1925, whereunder the suit properties fell to the share of Mallappa and the remaining share fell to the share of Nanjappa. They further contended that in the year 1928 defendants purchased 10 acres 25 guntas of land from Belurappa, son of Lakkappa. Thus, Mallappa started enjoying 22 acres of land in Sy. No. 21.