NEELAWWA Vs. SHIVAWWA

JUDGEMENT

(1.) At the stage of admission the respondent is notified. Accordingly she has put in appearance through a Counsel. The records are also obtained. As this appeal can be disposed of on a short point, it is admitted and heard for final disposal and disposed by this judgment.

(2.) This appeal is preferred against the judgment and decree dated 22-1-1987 passed by the learned Additional Civil Judge, Bagalkot in O.S. No. 94 of 1982. The appellant was the plaintiff and the respondent was the defendant In this appeal the parties will be referred to as plaintiff and defendant.

(3.) The appellant/plaintiff filed the suit for a declaration that she has got half share in the suit land which is fully described in Schedule-B to the plaint and for a consequential relief of permanent injunction restraining the defendant from alienating the suit land. She has claimed half share in the suit land on the ground that she is the daughter of late Mallappa and the suit land belonged to him The defendant is the widow of the said Mallappa being the step mother of the plaintiff. Therefore, she is entitled to half share in the suit land after the death of her father-Mallappa.