MALLAVVA Vs. KALSAMMANAVARA KALAMMA

JUDGEMENT

(1.) Defendant Nos.1 and 2 being aggrieved by judgment and decree dated 27/10/2018 passed in RA No.80/2018 on the file of the Itinerating Senior Civil Judge at Huvinagadagi, setting aside the judgment and decree dated 6/9/2014 passed in O.S.No.67/2011 on the file of the Civil Judge and JMFC, Hadagali, have filed this regular second appeal.

(2.) The status of the parties is referred to as per their ranking before the trial Court.

(3.) The original plaintiff filed the suit bearing O.S.No.67/2011 seeking relief of declaration and injunction in respect of the suit property. It is the case of the plaintiff that she is an agriculturist and permanent resident of Varakanahali village of Huvinahadagali Taluk. First defendant is the mother of the second defendant and they are also permanent residents of the same village. One late Kalasammanavara Chinmayappa and late Kalasammanavara Mallappa were brothers. During their life time, they owned the suit property. Though both the brothers were joint owners of the suit land, they were standing in the name of Kalasammanavara Chinmayappa. The said Kalasammanavara Chinmayappa and his wife Dodda Mallamma died long ago leaving behind their son by name Goneppa as the legal heir. Later on, Kalasammanavara Mallappa-the younger brother and Goneppa became the joint owners of the suit property. The said Goneppa died without issues and his wife Mallavva also died in the year 2004. This being the state of affairs, the said Kalasammanavara Mallappa and his wife Sangamma also died leaving behind three daughters and a son by name Mudimallappa, the father of the plaintiff. Thus, the plaintiff is the grand-daughter of Kalasammanavara Mallappa. Now, all the three daughters and son Mudimallappa have died intestate. Therefore, plaintiff is the only legal heir of Kalasammanavara family. Accordingly, she is the absolute owner and in possession in suit property by way of inheritance. The defendants belongs to Jummani family and they are in no way concerned with the family of Kalasammanavara. In the family of the defendants, one Goneppa, the 5th son of Jummani Basappa was there and he is none other than the husband of the first defendant -Mallava. Similarly, in Kalasammanavara family also there was a person by name Goneppa and his wife Mallamma. They were the paternal uncle of the plaintiff. By taking disadvantage of the same names in both the families, the defendants in collusion with revenue authority managed to change the khata of the suit property in their name. This fact came to the knowledge of the plaintiff in the year 2009, when he obtained the documents to avail the loan from the bank. Therefore, plaintiff filed the Revision Petition before the Deputy Commissioner, Bellary, in R.P.No.89/2009-10 for rectification of illegal entries in revenue. The Deputy Commissioner granted stay order. But, the defendants continued to interfere in the possession of the plaintiff over the suit property and they also denied the right of the plaintiff over the suit property. The plaintiff being the only the daughter of Mudimallappa became the an absolute owner of the suit property and she is in possession and enjoyment of the same. Therefore, she was constrained to file the suit for declaration of her title over the suit property and consequential relief of permanent injunction.