MARIYAMMA AND OTHERS Vs. KUNHHALIMMA AND OTHERS

JUDGEMENT

(1.) This second appeal of Defendant Nos. 2 to 4 arises out of the Judgment and Decree dated 31.01.2017 passed by the I Addl. District Judge, D.K, Mangaluru in R.A.No.5004/2016.

(2.) By the impugned Judgment and Decree, the first appellate court has dismissed the appeal of the defendants and confirmed the Judgment and Decree dated 02.01.2016 passed by the Principal Civil Judge, Puttur in O.S.No.96/1997, declaring the plaintiffs as the absolute owners of the plaint 'A" and "B" schedule properties and directing the defendants to hand over the possession of the suit "B" schedule property.

(3.) Respondents were the plaintiffs and appellants and their mother Asiamma were the defendants in the said suit before the trial court. The subject matter of the suit were "A" and "B" schedule properties. "A" schedule property was the land bearing Survey No. 328/1B2 measuring 3 acres 24 cents of Bettampady village, "B" schedule property was a residential house bearing Door No. 4-64 situated in "A" schedule property.