SHIVAMURTEPPA GURAPPA GANIGER Vs. FAKIRAPPA BASANGAUDA CHANNAPPAGAUDAR

JUDGEMENT

(1.) THESE two appeals arise respectively from suits Nos. 244 of 1949 and 91 of 1949 on the file of the Civil Judge, Junior Division, Dharwar.

(2.) THE lands in suit No. 244 of 1949 are B. S. No. 294/1a and B. S. No. 623/1. In the plaint they are valued at Bs. 4,000. The land in suit No. 91 of 1949 is survey No. 233/1 which is valued in the plaint at Rs. 3,500. These three lands together with other lands originally belonged to one Gurappa. Gurappa had a son Fakirappa. Gurappa died first leaving him surviving Fakirappa and his widow Gangawa. Fakirappa died on February 5, 1930, leaving him surviving his widow Parvatewa, his daughter Shivagangawa and his mother Gangawa. Parvatewa died on 22-11-1942. Thereafter Gangawa adopted Shivamurteppa as a son to her deceased husband on 5-4-1943. Shivagangawa is the plaintiff in one of the suits, while Shivamurteppa is the defendant in both the suits.

(3.) ON 3-4-1944, two documents were executed. One of them is a gift deed which is Exh. 64 in the case. It was executed by Shivamuvteppa who gave three lands to Shivagangawa. The other document is an agreement executed by plaintiff Shivagangawa and her husband in favour of Shivamurteppa. It will be necessary to refer to these two documents in some detail hereafter.