K H BOMMAIAH Vs. NANJEGOWDA

JUDGEMENT

(1.) THIS second appeal under Section 100 of the Civil Procedure Code has been filed by the appellant-plaintiff challenging the judgment and decree dated 6-9-1990 passed by the civil judge, mandya, in r. a. No. 99 of 1985 reversing the judgment and decree dated 9-8-1985 passed by the munsiff, nagamangala, in original suit No. 29 of 1982 decreeing the appellant-plaintiffs suit for permanent injunction restraining the respondent-defendant from interfering with the peaceful possession and enjoyment of the suit property.

(2.) THE suit property is a nine ankana house situated at paduvala patna village. The case of the appellant-plaintiff is that one master narasegowda bequeathed the suit property to the appellant-plaintiff under a deed of settlement dated 29-7-1949 and put the plaintiff in possession of the suit property. The plaintiff leased the suit property to one ramaiah and after the termination of tenancy in favour of this tenant ramaiah, the plaintiff has been in possession of the suit property. The respondents-defendants are trying to interfere with the plaintiffs peaceful possession.

(3.) ACCORDING to the written statement filed in 1982, the case of the respondents-defendants is that the suit house belonged to one bommamma and she was in possession as owner. This bommamma executed a gift deed on 20-4-1938 in favour of her only daughter kalamma and put kalamma in possession of the suit house. Said bommamma, mother of kalamma, died 36 years ago (this means somewhere in 1946 ). The respondents-defendants are the children of said kalamma. The respondents-defendants have been in possession and the appellant-plaintiff has no manner of right in the suit property.