ISHAPPA ALIAS ISHWARAPPA Vs. KALAKAPPA

JUDGEMENT

(1.) APPELLANT is the defendant and respondents are the plaintiffs before the Trial Court. In this judgment for convenience the parties are referred to their status before the Trial Court.

(2.) PLAINTIFFS contend that the plaint schedule properties originally belong to one Andawwa. The defendant by playing fraud and by misrepresentation obtained a registered gift deed dated 25-10-1957 from Andawwa. During the lifetime of Andawwa, she came to know about the registered gift deed in the year 1970. Thereafter, the plaintiffs and Andawwa initiated legal proceedings against defendant in O.S. No. 9 of 1970 for decree of permanent injunction. So also the defendant filed O.S. No. 10 of 1970 against Andawwa and plaintiffs for decree of permanent injunction. These two suits O.S. Nos. 9 and 10 of 1970 came to be returned for want of jurisdiction.

(3.) THE defendant entered appearance before the Trial Court and filed written statement inter alia contending the Andawwa transferred the plaint schedule properties in favour of the defendant under a registered gift deed dated 25-10-1957 and since then he is in lawful possession and enjoyment of the schedule properties. THE defendant contends that Andawwa after executing the gift deed had no right to bequeath the schedule properties in favour of the plaintiffs under the Will dated 2-2-1970. THE suit of the plaintiffs is barred by limitation and not maintainable. On these grounds the defendant opposed the claim of the plaintiffs. On the basis of the pleadings, the Trial Court framed the following 14 issues for its consideration: