VEDAVATHI Vs. KAMAKKA

JUDGEMENT

(1.) Heard learned counsel appearing for the appellants and learned counsel appearing for caveator-respondent No.1 and learned counsel for respondent No.2(a) and (b). This Court earlier heard the matter and answered only substantial question of law No.(ii) and directed to pay Commissioner fee, since an application is filed under Order 26 Rule 9 and 10A CPC was allowed by answering second substantial question of law and an observation was made that other substantial questions of law will be considered after getting report from the Commissioner. Now, the report of the Commissioner is received and placed on record and therefore, the matter is heard afresh.

(2.) For the sake of convenience, the parties are referred to as per their original ranking before the Trial Court.

(3.) The factual matrix of the case of the plaintiff before the Trial Court while seeking the relief of declaration to declare that she is the owner of the schedule properties and sought for possession of the suit schedule properties and grant such other relief's, it is contended that she is the only daughter of her parents namely Doddakamaiah and Puttamma of Kunteggowdanahally Village in Sira Taluk and they had no male issues. It is contended that the plaintiff was given in marriage to one Honnappa of the same Village about 35-40 years back. The marriage was performed by her father at Kuntegowdanahlli Village. The plaintiff's mother died about 20 years back. Since then, the father of the plaintiff used to lead life alone. By that time one Siddamma, wife of Jogappa of the same village and a close contact with him and she used to reside with him by deserting her husband. Later on the defendant who is the daughter of one Siddalingappa, the brother of Doddasiddamma used to come and take shelter with the father of the plaintiff by asserting that her husband by name M.J.Kamaiah of Motaganhalli Village deserted her. With that she began to influence the father of the plaintiff and started to mislead him, taking undue advantage of his smoothness. It is contended that after the death of her mother, the plaintiff used to give frequent visit to her mother's place Balenahalli as her mother had some landed properties and she also used to look after her father i.e., all necessities, till his death. It is also the contention that she used to assist in his agricultural work and she used to stay most of her day's in her father's house.