T. THIMMAPPA Vs. RANGAPPA

JUDGEMENT

(1.) Aggrieved by the concurrent findings recorded by both the Courts below in partly decreeing the plaintiff's suit, defendant No. 1 has filed this appeal.

(2.) The case of the plaintiff is that the suit schedule property originally belonged to Chikkeerappa, Earanna S/o. Thimmappa, Gangamma W/o. Thimmappa. That on 26.07.1965 they sold the suit schedule property to Veeranna for Rs. 500/ -. On 13.02.1973 plaintiff has purchased the suit schedule property from his vendor - Veeranna through a registered sale deed for consideration of Rs. 600/ - and the plaintiff was put in possession of the same. He continued with the possession of the suit schedule property from the date of sale. All the records stand in his name. Defendants who were strangers to the family of the plaintiff have no right, title or interest over the suit schedule property. They have colluded with the revenue authorities and have started causing interference. Hence, the instant suit was filed seeking for a declaration that the plaintiff is the absolute owner of the suit schedule property and for a permanent injunction to restrain the defendants and their men from interfering with the peaceful possession and enjoyment of the suit schedule property.

(3.) On service of suit summons, defendant No. 1 has filed his written statement. He denied the plaint averments. He pleaded that defendants and their father's elder brother being are the first sharer, Thimmaiah S/o. Eranna, the second sharer and the first son Thimmanna, second son Marappa, third son Channabasappa of late Poojari Sanna Erappa, the third sharer have effected a registered partition on 06.05.1987. Each one of the sharers are in possession of the respective partitioned property. Hence, he sought for dismissal of the suit.