NEELAMMA Vs. LALITHAMMA

JUDGEMENT

(1.) This Regular Second Appeal is filed by the plaintiff challenging the judgment and decree dtd. 12/2/2015 passed in R.A. No. 66 of 2010 on the file of the I Additional District and Sessions Judge, Davangere, whereby the appeal came to be dismissed, confirming the judgment and decree dtd. 23/6/2010 passed in O.S. No. 134 of 2007 on the file of the I Additional Senior Civil Judge, (Sr.Dn), Davangere. The trial court had partly decreed the suit filed by the plaintiff.

(2.) For the sake of convenience, the parties in this appeal shall be referred to in terms of their status and ranking before the trial Court.

(3.) The brief facts of the case as averred in the plaint are that the plaintiff and defendant are the daughters of late Siddalingappa. The plaintiff filed a suit seeking relief of declaration, partition, separate possession, and permanent injunction against the defendant in respect of the properties described in the suit schedule. It is the case of the plaintiff that the husband of the defendant took her to the Sub- Registrar's office on 26/6/2003 and got a partition deed registered without disclosing its contents to her. The plaintiff contends that she was unaware of the nature and consequences of the said deed and, therefore, claims entitlement to a share in Item No. 1 of the suit schedule property along with the defendant. The plaintiff also contends that Schedule 'B' property is the ancestral property of both parties and seeks her rightful share in the said property as well. Based on these assertions, the plaintiff instituted a suit in O.S. No. 134 of 2007 before the Trial Court.