KARIYANNA Vs. EERANNA

JUDGEMENT

(1.) The plaintiff in O.S.No.194/1980 on the file of the Civil Judge (Junior Division) Madhugiri, has come up in this second appeal impugning the concurrent findings of both the courts below in dismissing the suit of the plaintiff.

(2.) Admittedly, the plaintiff in the court below who is the appellant herein is said to be a person by name Kariyanna who is S/o. Doddabalanna. According to him, his father Doddabalanna had a brother by name Kariyanna who was married to a lady by name Sannamma. The said Sannamma is admittedly the daughter of Eranna, S/o. Donkeeranna, owner of land bearing Sy.No.43/2 of Chikkanahalli village, Gollarahatti, Holavana Halli Hobli, Koratagere Taluk, Tumkur District. Admittedly, the total extent of land in Sy.No.43/2 is 2 acre 22 guntas. In O.S.No.194/1980, the plaintiff is claiming the relief of declaration and permanent injunction with reference to an extent of 1 acre of land in the said property in the aforesaid survey number, against three persons, namely Eranna, Yaliyappa and Sathanna who are said to be the legal heirs of Donkeeranna. The fact that Eranna, S/o. Donkeeranna did not have any male issue, is not in dispute. It is stated that Earanna had a wife by name Chinnakka.

(3.) It is the case of the plaintiff that Eranna had a daughter by name Sannamma, which is disputed by the defendants contending that there was no issue to Eranna and that the defendants are the only legal heirs of Eranna, as stated in the written statement filed by them. However, they do not say as to what is the nature of their relationship either to Donkeeranna or his son Eranna. Except an averment that they are the only legal heirs of Donkeeranna and his son Eranna, there is no material placed on record by them to substantiate the same. In any event, in a suit which is filed by the plaintiff seeking succession to the property of the deceased Sannamma, the defendants are claiming themselves to be the legal heirs of Eranna S/o. Donkeeranna and opposing the claim of the plaintiff by raising various defence in their written statement. In the court below, based on the pleadings, several issues were framed and parties were called upon to adduce evidence.