SHIVALINGIAH Vs. CHOWDAMMA

JUDGEMENT

(1.) THE principal point for decision in this appeal I: whether the Appellant is the legitimate son of Made Gowda. Made Gowda was murdered in 1929 and the suit from which this appeal arises was filed by his widow, Chowdamma, in 1546 for recovery of thirty four .items of immovable properties specified in Schedule 'A' and six items of movable specified in 'IV Schedule of the plaint alleging that she is the lawful heir to . Made Gowda and that the Defendant has been wrongfully in possession of the same.

(2.) THE Plea of the Defendant was that he is the son of Made Gowda and as such entitled to the properties in preference to the Plaintiff. The if learned District Judge held that ho is not the to, of lawful wedlock between his mother and Made Gowda and therefore decreed the Hurt. Defendant appeals.

(3.) THE entries in the Khetwar and Record of" Rights with respect to suit properties are all in favour of the Defendant. Exhibit XXXIII la a genealogical tree showing that Defendant in the son of Made Gowda by Channamma his wife and mentioning names of others related to him.