HANUMANTHAPPA YALLAPPA BARDI Vs. BASAPPA KALLAPPA BARADI

JUDGEMENT

(1.) The present second appeal is filed under Sec. 100 of the Code of Civil Procedure, 1908 Hereinafter referred as "CPC" by plaintiff No.1 and the legal representatives of the deceased plaintiff No.2 challenging the judgment and decree dtd. 21/11/2007 passed in R.A.No.2/2001 by the Additional Senior Civil Judge and JMFC, Ranebennur. Hereinafter referred to as "the First Appellate Court"

(2.) The parties will be referred to as per their rank in O.S.No.53/1989 on the file of the Civil Judge (Jr.Dvn) and J.M.F.C., Byadgi, Hereinafter referred to as the 'Trial Court' for the sake of convenience.

(3.) It is the case of the plaintiffs that the suit property bearing R.S.No.317/1 to the extent of 24 acres 13 guntas Hereinafter referred to as the 'suit property' earlier belonged to one Ningappa @ Ningajja S/o.Ningappa Biradi. That, after the death of Ningajja, his wife Smt.Hanamavva inherited the suit property and became its absolute owner and in that regard, M.E.No.737 was effected on 5/12/1941. It is the further case of the plaintiffs that after some time, the property was forfeited to the Government from Hanamavva and the said Hanamavva was re-granted the land on 16/5/1958 by the Tahsildar, Byadagi and she became the absolute owner of the suit property and in that regard M.E.No.2390 dtd. 10/10/1966 was effected.