VIJAYLAXMI Vs. NAGAPPA AND ORS.

JUDGEMENT

(1.) The mother of the appellant herein by name Smt. Susheelabai filed a suit in OS No. 34/2006 against her sons i.e., defendants 1 to 7 and also purchasers of the suit schedule property from defendant No. 5 who are arrayed as defendant Nos. 8 to 13, for declaration of her title as absolute owner in possession of the suit schedule property and also for perpetual injunction restraining the defendants from interfering with the plaintiffs peaceful possession and enjoyment of the property and also for cancellation of the registered sale deeds executed by defendant No. 5 in the names of defendant Nos. 8 to 13. The appellant is not a party to the said suit.

(2.) It is the case of the plaintiff that suit schedule properties were fallen to her share in a partition between herself and her sons' i.e., defendant Nos. 1 to 7. Therefore, by virtue of partition, she became the absolute owner in possession and enjoyment of the suit schedule properties.

(3.) Subsequently, it is alleged that defendant No. 5 executed some sale deeds in respect of the suit schedule properties in favour of defendant Nos. 8 to 13. Therefore, on that cause of action, the plaintiff was forced to file a suit for declaration and other reliefs against the defendants.