SAKAMMA Vs. CHIKKAGANGAMMA

JUDGEMENT

(1.) Defendant Nos.1 and 2 in OS.No.138/1980 on the file of Court of the Munsiff, Kunigal, have come up in this second appeal impugning the divergent finding rendered in RA.No.16/2001 on the file of Civil Judge (Sr.Dn), Kunigal.

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

(3.) The fact that the land bearing Sy.No.1/1 measures in all 2 acres 2 guntas is not in dispute. It is also not in dispute that the said land is divided by Thimmegowda among his 4 children in equal share of 20- 1/2 guntas to each. Now the property in dispute is the property, which is allotted to the share of Chikka Thimmappagowda measuring to an extent of 20- 1/2 guntas, which is gifted by the children of Chikka Thimmappagowda to the 1st plaintiff under registered gift deed dated 6.10.1977. Earlier to this, it is seen that Thimmegowda's 3rd son Muthegowda had gifted the 1/4th share that was allotted to him in Sy.No.1/1 to his daughter Sakamma/1st defendant under registered gift deed dated 8.9.1948. The execution of these two documents respectively in favour of 1st plaintiff and 1st defendant are not in dispute. What is disputed is, the right of 1st plaintiff to enjoy the property, which is gifted in her favour vide Ex.P1 by the children of her paternal uncle Chikka Thimmappagowda. The said property is claimed as the property belonging to her by 1st defendant and her husband- 2nd defendant, which has necessitated in filing of original suit by Motegowda's daughter Chikkagangamma along with her husband Chikkananjaiah as plaintiff Nos.1 and 2. The said suit is for the relief of declaration and permanent injunction.