ANKAPPA AND OTHERS Vs. DEVAMMA

JUDGEMENT

(1.) This appeal by the defendants in O.S. No. 211 of 2004 on the file of the Civil Judge (Junior Division) at Nanjangud is directed against the concurrent judgment of the Courts below decreeing the suit filed by the respondent/plaintiff for declaration of her title and for permanent injunction. The subject - matter of the suit is the land measuring 1 acre 3 guntas in Sy. No. 171/1 situated at Mullur Village in Nanjangud Taluk.

(2.) There is no dispute regarding inter se relationship between the parties. The respondent/plaintiff is the sister of appellant/defendants they being the children of one late Lingappa and Smt. Devamma. The respondent/plaintiff is the spinster. She filed suit for declaration of her title in respect of the suit schedule property inter alia contending that the suit schedule property was a separate and absolute property of her mother Smt. Devamma, she having acquired the same under a registered sale deed from its previous owner and subsequently by a registered gift deed dated 27-12-2003, her mother gifted the suit schedule property to her and ever since the said date, she has been in lawful possession and enjoyment of the same as its absolute owner and the defendants though have no manner of right, title or interest over the same, are trying to interfere with her possession and enjoyment, and they are also asserting title over the same, as such, it became necessary for her to seek declaration of title and also for permanent injunction to restrain them from interfering with her peaceful possession and enjoyment of the suit schedule property.

(3.) The appellants/defendants resisted the suit inter alia contending that the suit schedule property is not the exclusive and separate property of their mother Smt. Devamma, on the other hand, it was acquired by their father, as such, their mother had not right to execute the gift deed in favour of the plaintiff. Therefore, the plaintiff has not derived any title to the suit schedule property. Therefore, the defendants sought for dismissal of the suit.