BORAMMA Vs. SRINIVASA

JUDGEMENT

(1.) THE appellant/defendant No. 1 has come up with this appeal challenging the judgment and decree dated 7. 2. 1998 passed by the Principal Civil Judge (Junior Division), Mandya, which has been confirmed by the Additional Civil Judge (Senior Division) at Mandya in r. A. No. 28 of 1998, dated 7. 3. 2002.

(2.) FOR the sake of convenience, the parties will be referred to by their ranking before the trial Court.

(3.) THE brief facts of the case are that, the plaintiffs who are the son and mother, have filed suit before trial Court against defendants seeking for relief of declaration and permanent injunction in respect of suit property bearing Survey No. 29, measuring 21 guntas situated at Kyathangere village of Mandya Taluk. It is the case of plaintiffs that first plaintiff is in possession and enjoyment of suit schedule property as absolute owner; -that second defendant got changed katha and RTC in favour of plaintiffs during the year 1981-82 and since then they are the absolute owners in possession and enjoyment of suit schedule properties; that defendants 1 and 2 were the husband and wife and out of difference between them had filed O. S. No. 158 of 1995 before the Civil Judge (Senior Division), Mandya, wherein the suit properties were also subject-matter of the said suit, however they have compromised the said suit and plaintiffs came to know the said compromise decree when they went to village office to pay the kandayam; that they are not bound by the decree in O. S. No. 158 of 1995. Hence they filed the suit seeking for the aforesaid reliefs.