( 1 ) - This Appeal is directed against the Judgment and Decree in R. A. No. 20 of 1979 dated 18-12-1980 on the file of the Civil Judge, Tiptur.

( 2 ) THE appellant was the plaintiff in O. S. No. 190 of 1973 on the file of the Addl. Munsif, JMFC, Tiptur. She has filed the said suit for declaration of title and possession against six defendants in respect of Items 1 to 3 consisted of agricultural lands and Item No. 4 a house bearing Kaneshmari No. 29.

( 3 ) THE case made out by the appellant, in brief, are as follows : that the Suit Schedule properties belong to her father Chinnegowda who has executed a registered Will in her favour on 6-4-1925. After the death of Chinnegowda, she has become the owner and paying the land revenue to the properties. The 5th defendant Honnegowda who is her son was managing the suit schedule properties on her behalf in a fiduciary capacity and his name has been entered in the Revenue Records.

( 4 ) THE first respondent filed an Original Suit in No. 176 of 1962 against the 5th defendant Honnegowda for maintenance and she was succeeded in that suit at the stage of Appeal in R. A. No. 165 of 1966. She is the wife of the 5th defendant. Likewise, respondents

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