RUKAMAWWA Vs. KASTURIBAI

JUDGEMENT

(1.) The appellant has challenged the validity of judgment dated 15.04.2014, passed by the II Addl. District Judge Bijapur, whereby the learned Judge has partly allowed the appeal filed by her, but has dismissed her appeal against the Karnataka Housing Board, the respondent No. 2.

(2.) Briefly the facts of the case are that, the appellant had filed a civil suit for partition and separate possession against the respondent Nos. 1 and 2. She was seeking 1/2 share in RS No. 70/2A, admeasuring 5 acres situated at Kasba Bijapur. According to her, the suit property was an ancestral property between her and her daughter, Smt. Kasturibai, respondent No. 1. According to her, her husband, Mahadevappa Naikodi, had acquired the said property under a partition between his brothers and sisters in the year 1975. She further claimed that during his lifetime, her husband had relinquished the suit property to his daughter, the respondent No. 1, as he had no male issues. After her husband's death she was living with her daughter, the respondent No. 1. But taking advantage of the fact that the petitioner was an illiterate woman, the respondent No. 1 got record of rights mutated in her name. Moreover, by registered sale deed dated 23.06.2007, the respondent No. 1, sold the said suit property to respondent No. 2, the Karnataka Housing Board. Due to the registered sale deed, the property was entered in the name of the Karnataka Housing Board. According to the petitioner, since she has 1/2 share in the said property, the respondent No. 2, would not become the absolute owner of the said property.

(3.) While filing the suit, the petitioner also filed an interim application under Sec. 80 (2), Civil Procedure Code R/w 72 of the Karnataka Housing Board Act ('the Act' for short) seeking the leave to institute the suit against the Karnataka Housing Board, without having to serve a notice upon the Housing Board. According to the petitioner, the said application was allowed by the trial court.