BASAVAIAH Vs. CHINNAMMAYI

JUDGEMENT

(1.) The unsuccessful defendant in both the Courts is the appellant. The respondent filed a suit for possession of the plaint schedule property together with the house site. The trial Court decreed the suit. On appeal it was confirmed. Thus the Second Appeal.

(2.) It is the case of the respondents that the property originally belonged to one Appaiah. He bequeathed the property under Ex. A-1 in favour of his sister on September 15, 1943. Thereafter she bequeathed the property to her son-in-law under Ex. A-2 on January 12, 1956. The plaint scheduled property was given to the wife of Appaiah lor her life time in lieu of her maintenance and she died a few months prior to the institution of the suit and, therefore the suit was filed for recovery of the possession from the first defendant.

(3.) It is the case of the appellant that Peramma, wife of Appaiah, was given absolute right in lieu of her maintenance, in the schedule property and that she in turn sold the property to appellant under Ex. B-1, dated June 2, 1944 and ever since he has been in possession and enjoyment. It is also pleaded that right from 1915, Peramma wife of Appaiah and after the purchase, the appellant, have been in possession of the property in assertion of their own title to the plaint schedule property and thereby they acquired title by adverse possession. In support thereof, they also placed on record the plaint in O.S.No. 411/35 (Ex. B-4) written statement tiled therein (Ex. B-5) and the Judgment dated February 3,1938 (Ex. B-6) and also decree therein (Ex. B-7).