BASAMMA W/O VIRUPAKASHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The unsuccessful plaintiff has filed the present regular second appeal against the judgment and decree dated 24.01.2013 made in R.A.No.86/2010 on the file of the Principal District Judge, Raichur dismissing the appeal, confirming the judgment and decree dated 08.06.2010 made in O.S.No.185/2007 on the file of Addl. Senior Civil Judge and JMFC-I, Raichur dismissing the suit of the plaintiff for declaration, injunction and rectification of the RTCs.

(2.) Brief facts of the case are:

(3.) It is contended by the plaintiff that, she is the absolute owner and in possession of the suit schedule properties, during the month of March, 2006, the plaintiff came to know that the defendant No.2 has created a document of sale bearing document No.138/1992-93 dated 21.04.1992, alleged to have been executed by the plaintiff in favour of the Governor, represented by defendant No.1 in respect of suit schedule properties. The said sale deed is created document and no sale consideration has passed on to the plaintiff. No title is passed on under alleged created sale deed. Therefore, plaintiff issued legal notice on 19.04.2007 calling upon the defendants to admit plaintiff's title and possession. But defendants have not issued any reply to the said notice. Therefore, plaintiff has filed the suit for the reliefs sought for.