LAWS(KAR)-2008-1-5

GANGAVVA Vs. NINGVVA

Decided On January 30, 2008
GANGAVVA Appellant
V/S
NINGAVVA, Respondents

JUDGEMENT

(1.) THIS is the defendants second appeal against the concurrent finding recorded by the Courts below that the 3rd defendant has failed to establish that he is the adopted son of Sri Bharamagouda and that he has not perfected his title by adverse possession to the suit schedule properties and therefore plaintiffs are entitled to partition and separate possession of their legitimate share in the suit schedule properties.

(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(3.) THE case of the plaintiffs is that the suit schedule properties belong to one Bharamagouda. He had two wives by name gourawwa and Gangawwa. He also had a kept mistress by name Gourawwa, the 4th defendant in the suit. Gourawwa is no more. Bharamagouda died on 23-3-1970. The plaintiffs 1 and 2 are the daughters of Gourawwa. The second wife Gangawwa had two daughters by name Gangimalavva and Neelavva, who are the 2nd defendant and 3rd plaintiff. The 3rd defendant is the husband of the 2nd defendant and also the brother of the 1st defendant.