BASAVANNEPPA ADWEAPPA SHARANAPPANAVAR Vs. RUDRAWWA

JUDGEMENT

(1.) defendants 1 and 2 in original suit No. 142 of 1989 before the court of munsiff, bailhongal are the appellants. The first respondent filed the suit for declaration of title to the suit properties and for injunction restraining the appellants from interfering with his right therein and for mesne profits. The trial court decreed the suit and the appeal filed by the present appellants was dismissed by the principal civil judge, bailhongal, in regular appeal No. 15 of 1991.

(2.) the first respondent filed the suit claiming that his grandfather namely, channabasappa, got 1/3rd share in the partition between his brothers gadigeppa and basavannappa and thereafter, his mother neelawwa continued to be in possession of 1/3rd share. Further contention was that in view of Section 14 of the hindu succession Act, 1956, his mother perfected her title to the suit properties. The suit was contested by the appellants on the ground that channabasappa was living separately from the other brothers and that he had no claim in the suit properties. It was their further contention that neelawwa had no pre-existing claim of right for maintenance and therefore, Section 14(1) had no application.

(3.) the trial court found that neelawwa is the absolute owner of the suit properties by virtue of Section 14(1) of hindu Succession Act; that the first respondent is the sole heir of neelawwa and that he was in possession of the suit properties; that the plaintiff established his title. The suit for possession was decreed and enquiry into mesne profits was directed. The appellate court confirmed the findings of the trial court and dismissed the appeal filed by the present appellants.