RANGAMMA Vs. HANUMAKKA

JUDGEMENT

(1.) The present appellants joined by their mother - Smt. Ragamma, as plaintiffs had instituted a suit against the present respondents arraigning them as defendants in O.S.No.6496/2009 in the Court of the XLIV Additional City Civil and Sessions Judge, Bengaluru (CCH-45) (hereinafter for brevity referred to as "Trial Court") for the relief of permanent injunction.

(2.) It was the summary of the case of the plaintiffs in the Trial Court that, the plaint schedule property which is a land bearing Survey No.10/6, measuring 27 guntas said to be situated at Yelahanka, Bengaluru North Taluk, was originally part and parcel of land in Survey No.10/1 of Yelahanka, Bengaluru North Taluk. The said land was owned and possessed by the two brothers by name Sri. Chikka Kondappa and Sri. Bangappa. Both of them though married, were issueless. Consequently, Sri. Chikka Kondappa adopted the first defendant - Smt. Hanumakka. By virtue of an oral partition between the said brothers, an extent of land measuring 01 acre 20 guntas fell to the share of Sri. Chikka Kondappa and the remaining extent of 01 acre 08 guntas fell to the share of Sri. Bangappa. Subsequent to the death of Sri. Bangappa, his wife by name Smt. Nanjamma acquired the said 01 acre 08 guntas of land in Survey No.10/1. On account of legal necessities, the said Smt. Nanjamma sold the said extent to Sri.Y.P. Nanjappa, the late husband of Smt. Rangamma - the first plaintiff, under a registered Sale Deed dated 16-04-1975. Subsequent to the sale of the said land, the revenue documents pertaining to the said land were mutated in the name of Sri.Y.P. Nanjappa. During his life time, the said Sri.Y.P. Nanjappa had given away an extent of land measuring 21 guntas out of 01 acre 08 guntas in Survey No.10/1 to his brother. The remaining extent of 27 guntas was possessed and enjoyed by the said Sri.Y.P. Nanjappa and after his death, it has been the plaintiffs who continued to be in possession and enjoyment of the said land.

(3.) In response to the suit summons, defendants No.4 and 5 appeared through their counsel and filed their Written Statement, wherein they admitted the fact of ownership and possession of land in Survey No.10/1 of Chikka Kondappa and Sri. Bangappa and also the fact of adoption of first defendant - Smt. Hanumakka by said Chikka Kondappa. However, those defendants denied the remaining plaint averments as false and baseless. They also denied the averment in the plaint that, there was an interference by them on 25-02-2009, but they admitted the filing of the original suit in O.S.No.2514/2009 by the defendants and its pendency. They averred that at no point of time, the plaintiffs have been in possession of the land in Survey No.10/1. The defendants No.1 to 3 adopted the said Written Statement by filing a memo dated 23-09-2015.