BABU MOTHER SAVAVVA NAVELGUND Vs. GOPINATH

JUDGEMENT

(1.) THIS appeal is filed by defendants Nos. 1 and 8 to 15. They are aggrieved by the part of the impugned judgment and decree of the Trial Court by which certain transactions of gift and sales effected by late Shivamurthappa, being the adoptive father of the plaintiff (Respondent herein) as illegal and void and has granted consequential reliefs of permanent injunction in respect of gifted properties and possession in respect of sold properties with future mesne profits from the date of the suit.

(2.) IT is not in dispute that the suit properties were ancestral in nature in the hands of late Shivamurthappa which he got in 1941 as a consequence of family partition. He adopted the plaintiff on 1-11-1957 under a registered deed of adoption after observing the customary ceremonies. Subsequently on 3-4-1979 Shivamurthappa died. His wife had died much earlier to the date of adoption of the plaintiff. He had kept the mother of the first defendant as concubine in his house.

(3.) IT also bears out from the evidence recorded during the course of the trial that the house property being item No. 1 of Schedule A to the plaint was gifted by Shivamurthappa under a registered deed dated 3-10-1968 jointly to defendant No. 1 and one Prahlad, since dead. The wife and children of the said late Prahlad are defendants 2 to 7. Similarly Item No. 1 of Schedule B being agricultural lands were gifted by late Shivamurthappa under a registered deed dated 4-10-1968 to defendants 15 and 16. It is also a fact that Item Nos. B-3 to B-7 had been conveyed by sale deeds dated 19-6-70 to defendant Nos. 1, 8 and 9. So far as the conveyed lands at Item Nos. 5 and 6 of Schedule-B are concerned it appears that defendant No. 8 in turn had sold the same to defendant No. 12 under a sale deed dated 12-2-73 which in a family partition had subsequently fallen in the hands of defendant Nos. 13 and 14. So far as the Item No. 7 of Schedule-B is concerned defendant No. 8 had sold it to defendant No. 11.