LINGAMMA Vs. BASAVARAJU

JUDGEMENT

(1.) Defendant-1 in O.S. No. 412 of 1972 on the file of the Munsiff, Srirangapatna, is the appellant. Respondent-1 is the plaintiff. Respondents 2 to 4 are the remaining defendants 2 to 4.

(2.) The undisputed facts are that Puttegowda, husband of Honnamma and Basavegowda, grand-father of the plaintiff were brothers living jointly and possessing joint family properties, which are enumerated in Ex.P.1 dated 6-7-1944. Puttegowda executed Ex.P.1. On 13-9-1972 Honnamma executed Ex.D.9, the gift deed gifting the suit properties to defendant No. 1.

(3.) Plaintiff's case is that Ex.D.9 is not binding on him. He has prayed for declaration that Ex.D.9 dated 13-9-1972 is not binding on him and for consequential relief of permanent injunction restraining the defendants from interfering with the peaceful enjoyment of the suit items of properties.