KUMMAGAL GOWRAMMA Vs. DODDA BHIMANNA

JUDGEMENT

(1.) The above Regular Second Appeal is directed against the judgment and decree dated 30-1-1979 in R.A. No. 62/77 passed by the Civil Judge, Bellary, setting aside the judgment and decree dated 16-6-1977 in O.S. No. 429/73 by the Principal Munsiff, Bellary.

(2.) The facts of the case in brief are That the plaintiff has filed this suit against the defendants for declaration of her title to the suit lands, situated in the Village of Bellary bearing S. Nos. 283-F and 299 C and for a permanent injunction restraining the defendants, their men and persons claiming under them from interfering with the peaceful possession of the suit lands.

(3.) It is the case of the plaintiff that she is the lawful owner of the lands mentioned in the plaint schedule and they were purchased by late Kuppagal Erayya , the husband of the plaintiff under a registered sale deed dated 17th May 1938, executed by late Talari Erayya, father of the defendants and they were minors when the sale deed was executed in favour of Kuppagal Erayya. He sold the property to Kuppagal Erayya for Rs. 400/- subsequently the husband of the Plaintiff died in 1952. During his life time he was said to be in possession and cultivated the lands. The plaintiff is the sole heir of her husband and entitled to the property as her son Kuppagal Nagappa who was given in adoption to another family, The natural son, though was given in adoption, he was managing the affairs and also the properties of the plaintiff. He prepared the land for sowing in May 1973. in 1973, defendants sent a telegram through their advocate making false allegations and that they were in possession. However the plaintiff stated that infact they were not in possession of lands. In support of her contention she has stated that she had raised loan in the Land Mortgage Bank, Bellary, on the strength of the sale deed said to have been executed in her husband's name and prayed for as stated above.