DURGAPPA Vs. NAGAMMA AND ORS.

JUDGEMENT

(1.) The appellants are the legal representatives of the original defendant by name Durgappa, son of Hanumappa. Plaintiff's name is also Durgappa, son of Durgavva. He claims to be the adopted son of Ningappa in O.S. No. 117 of 1997. The plaintiff-Durgappa filed a suit for following reliefs:

(2.) The plaintiff-Durgappa (respondent herein) has filed a suit for recovery of possession of the suit schedule property i.e., to the extent of 31 guntas in Survey No. 25/8P of Kundawada Village of Davanagere Taluk out of 1 acre 22 guntas. The plaintiff has claimed that he is the adopted son of Ningappa, r/o. Kundawada. Ningappa and his wife Kariavva had no issues. Hence, they have taken the plaintiff in adoption as per the custom prevailing in their community when the plaintiff was aged 10 years. The said Ningappa and Kariavva were enjoying the above land which is an inam land (precisely the suit schedule property) by performing begaar duties as assigned by the Government. It is his further case that, during the lifetime of Ningappa, he had executed a registered Will dated 16-11-1968 bequeathing the entire Survey No. 25/8P which is the begaar inam in favour of the plaintiff and also assigned begaar duty to the plaintiff and the plaintiff also continued to perform the said duty.

(3.) It is the further case of the plaintiff that the said Ningappa died in the year 1970 and he has succeeded to the said Ningappa. The plaintiff and his adoptive mother Kariavva had been cultivating the said inam land by paying kandayam etc., to the Government. The said land subsequently on 29-1-1980 was regranted jointly in the name of the plaintiff and his adoptive mother, mutation was also accepted in their names. However, the plaintiff had been cultivating the entire extent of the land i.e., 1 acre 22 guntas and he was taking care of his adoptive mother Kariavva who died intestate on 12-8-1991.