VEERABHADRAPPA ALIAS IRAPPA Vs. BASAVANNAPPA

JUDGEMENT

(1.) The above appeal is directed against the Judgment and Decree dated 2-9-1978 made in R.A. No. 62/74, on the file of the Prl. Civil Judge, Belgaum, confirming the Judgment and Decree dated 22-1-1974 made in O.S. No. 52/71 on the file of the Munsiff, Bailhongal.

(2.) The facts of the case in brief are :- The Plaintiff filed the suit for partition and possession of his 1/9th share in the suit land of Doddawad village in Bailhongal Taluk. Defendant No. 1 Basawannappa appeared and filed his written statement denying the averments made in the plaint. The case of the plaintiff is that, the defendant No. 1 Basawannappa, Defendant No. 2 Shankar Chanabasappa Murgod, Defendant No.3 Mallikarjun Chanabasappa Murgod, Defendant No. 4 Smt. Sumitra, Defendant No. 5 Ansuya, Defendant No. 6 Keshawwa and Defendant No. 7 Chinnawwa are the children of one deceased Chanabasappa Shankarappa Murgod, the said Chanabasappa died on 10-3-1963, Defendant No. 8 Gangawwa is the w/o Chanabasappa Murgod. The suit land bearing Sy. No. 397/2 measuring 11 Acres 30 Guntas of Doddawad village, originally belonged to one Chinnawwa wife of Shankarappa Murgod. The said chinnawwa gifted the said land for life in favour of her only daughter Sanganabasawwa alias Awakka W/o Iratappa Sobarad of Kittur, under a registered gift deed, Ex. P-1, on 6-5-1922, with a condition that in the event of her death prior to Awakka, the land should go to her own legal heirs. Awakka died issue less on 26-10-1944. Hence the land devolved upon Chanabasappa the adoptive son of Chinnawwa for her husband-Shankarappa. Accordingly after the death of Awakka, the name of Channabasappa came to be incorporated in the record of rights in respect of the suit land and the land came under his actual possession and enjoyment and remained so till her death. Thereafter, property came to be managed by defendant No. 1 Basawannappa his eldest son, on behalf of the undivided family. The plaintiff now alleged that defendant No. 1 managed to get his name entered in respect of the suit land, in the record of rights without his knowledge but with the help of the Revenue Authorities, etc., Basawwa died when Basawannappa was aged about 1 year and therefore, he became the beloved child of Sanganabasawwa and came under her protection. She, out of love and affection, be queathed the suit land to defendant No. 1 under Registered will Exh. D. 3 on 21-7-1944 and died subsequently on 26-10-1944.

(3.) On the pleadings the learned Munsiff raised the following issues :-