SHIVAPPA MALLAPPA ISAPURE Vs. GANPAT MALLAPPA ISAPURE

JUDGEMENT

(1.) This second appeal is filed by the original plaintiffs whose suit came to be dismissed by the first appellate court. The parties shall hereinafter be refered to as the Plaintiffs and the Defendants.

(2.) The facts giving rise to the appeal are as under :

(3.) The defendant Nos.1, 2 and 3 filed their written statement. According to them, municipal house No.846 was situated on plot Nos. 2836 and 2837. This property was gifted by deceased Mallappa to defendant No.4 his second wife in the year 1941 by a registered gift deed. According to the defendants, this property was the self acquired property of Mallappa and since the said property has now been gifted to defendant No.4 she has become exclusive owner thereof. It is also contended that Mallappa did not have any ancestral property at all. Further according to them, the partition dated 3.8.1959 is a void document. They also denied that the gift deed executed in favour of defendant No.4 was a nominal document. It was further contended that the suit was barred by limitation.