MANJAPPA Vs. SMT LALITHAMMA

JUDGEMENT

(1.) The case of plaintiff is that the suit schedule property belonged to his father. That the father had no male issues. He had 6 daughters. The plaintiff is one of them. Her father decided to entrust the management of the suit schedule properties to her. She alleges that the defendant having no manner of right, title and interest over the suit schedule property, is causing interference with her possession and enjoyment over the same. That he is alleged to have created certain documents of the suit schedule properties in collusion with the revenue officials. That he is making an effort to dispossess the plaintiff from the suit schedule property. Hence, the instant suit was filed for declaration and consequential relief. On service of notice, the defendant entered appearance and filed the written statement. He submitted that the suit schedule property belongs to the family of Bhadramma and Manjaiah, namely, the grand parents of the plaintiff. That they had fostered him from his childhood and gave the schedule properties to him. Hence, he is in possession and enjoyment of the suit schedule property as absolute owner. He has denied all other allegations made against him.

(2.) Based on the pleadings, the trial Court framed the following issues :-

(3.) The plaintiff was examined as P.W.1 among two other witnesses and 23 documents were marked. On behalf of the defendant he was examined as D.W.1 among another 3 witnesses and 7 documents were marked. Issues 1,3 to 5 & 7 were held in the negative and Issue Nos. 2 & 6 were held in the affirmative. The suit of the plaintiff was dismissed. Aggrieved by the same, the plaintiff preferred a regular appeal. The appellate Court allowed the appeal and set aside the judgment and decree of the trial Court. The suit of the plaintiff was partly decreed. The defendant was restrained by permanent injunction from interfering with the suit schedule property. Aggrieved by the same, the defendant has filed this second appeal.