YELIYAPPA Vs. CHIKKA KARIYANNA

JUDGEMENT

(1.) Defendants 1 to 3 in on the file of the Munsiff Court, Koratagere, have come up in this appeal impugning the divergent finding rendered in R.A.No.59/2004 on the file of the II Additional District Judge, Tumkur.

(2.) The brief facts leading to this second appeal are as under:

(3.) The basis for the relief of declaration and permanent injunction is a sale deed dated 19.10.1979 executed by a person by name Eranna, S/o. Sangeeranna. Admittedly, PW-3 - Eranna, is the purchaser of the suit schedule land from its erstwhile owner Smt. Sannamma, D/o. Eranna S/o. Donkeeranna. The records would indicate that Sannamma is the wife of one Kariyanna and that she is the only daughter of Eranna and his wife Smt. Chinnakka. It is stated that besides Sannamma, the couple did not have any other issues. After the death of Eranna and Chinnakka, it is stated that Sannamma has become the absolute owner of the entire extent of Sy.No.43/2 measuring to an extent of 2 acres 22 guntas, out of which she had sold 1 acre 22 guntas to Eranna, S/o. Sangeeranna under registered sale deed dated 15.07.1977 vide Exhibit P1 and she has put him in possession of the same.