SATHYAMMA Vs. KEMPAMMA

JUDGEMENT

(1.) This court at the time of admitting the appeal on 31.10.2014, has framed the following substantial questions of law:

(2.) As per the pleadings of the parties, the case of the plaintiff is that, she is the absolute owner in possession of the suit Schedule property, which is a property bearing Kaneshmari No. 146/86 measuring 31 feet North to South and 51 feet East to West situated at Kolur village, Malur Hobli, Mudigere Grama Pancha-yath, Channapatna Taluk having specific boundaries such as, East "road, West" property of defendant and Honnaiah, North "property of Kadamma, South" property of Maramma temple.

(3.) It is the contention of the plaintiff that, plaintiff had put-up construction in the said property measuring 28 x 46 feet and plaintiff has been residing therein; She acquired the said property through her husband's ancestors, which later fell to her husband's share and thereafter to her. It is the further case of the plaintiff that while constructing the building to the extent of 28 x 46 feet, she has left 3 feet space out of the total measurement of 51 x 31 feet on western side which exactly, falls to the eastern side of the property of the defendant. It is contended that she has also put up two windows on the western side of her house for the purpose of free air and light.