RAMACHANDRA AND ORS. Vs. SUNANDA

JUDGEMENT

(1.) This is a defendants' appeal being aggrieved by the judgment and decree granted by the Court of III Additional Senior Civil Judge, Hubli in O.S. No. 348/2012 dated 02.03.2015 partially decreeing the suit of the plaintiff for declaration and possession of the suit schedule property as claimed by the plaintiff who is the 1st respondent herein. The plaintiff had not sought any relief against the defendant Nos. 3, 4 and 5 nor has the Trial Court granted any relief. The appellants have not arrayed the said defendants as necessary parties - respondents before this Court.

(2.) For the purpose of convenience, the parties are hereinafter referred to by their nomenclature before the Trial Court.

(3.) The case of the plaintiff is that she was the beneficiary of an order of an allotment by the Hubli Dharwad Development Authority, who by virtue of their proceedings dated 22.10.1994 conveyed the suit schedule property but she was put in possession and enjoyment prior to the said date. That she commenced construction with the help of her husband in the year 1989 -90 and had stored necessary construction material within the suit schedule property. But on account of unexpected and untimely death of her husband on 29.04.1990, the plaintiff's life took a tragic turn and as she had to single handedly bear the burden of the family commitments like education of children etc., she could not proceed further with the proposed construction.