LOKESHAPPA Vs. BASAMMA AND ORS.

JUDGEMENT

(1.) This is the plaintiffs Second Appeal from the judgment and decree dated 27.6.1986, passed by the Additional Civil Judge, Shimoga, in Regular Appeal No. 52/84, whereby, the Additional Civil Judge (the Lower Appellate Court) confirmed the judgment and decree dated 9.4.1984, passed by the learned Munsiff, Shikaripur, in Original Suit No. 37/1979, dismissing the plaintiffs claim in the suit.

(2.) The facts of the case in brief are that the present appellant-plaintiff filed the suit for the following reliefs :

(3.) Hence, the need for filing the suit of declaration and injunction did arose. Furthermore, plaintiff asserted herself to be the sole heir in possession of the suit properties. That defendants 2 and 3, namely, respondents 2 and 3, in the appeal were the brothers of 1st defendant-Basamma and defendant No. 4 has been her sisters son and was acting in collusion with the 1st defendant and threatening to disturb plaintiffs possession. The details of the properties in suit have been clearly mentioned in the schedule to the plaint.