S.ABDUL NAZEER
Pilla Akkayyamma – Appellant
Versus
Channappa – Respondent
This appeal is directed against the judgment and decree in R.A.No.110/2008 dated 11.1.2011 on the file of the Fast Track Court, Devanahalli.
2. The appellants are the legal representatives of the plaintiffSmt.Subbamma in O.S.No.402/1996 on the file of the Additional Civil Judge (Jr.Dn) & JMFC, Devanahalli. Subbamma filed the aforesaid suit for cancellation of the gift deed dated 12.3.1979 executed by Byamma, second wife of Venkatarayappa in favour of the second defendant and for permanent injunction restraining the defendants from interfering with their possession and enjoyment of the suit schedule properties. Alternatively, they sought for possession of the suit schedule properties in case the Court comes to a conclusion that the defendants are in possession of the properties.
3. The contention of the plaintiff is that the plaint schedule properties are ancestral properties of her father Venkatarayappa, son of Byrappa. Venkatarayappa had two wives, Chikkamuniyamma and Byamma. The plaintiff is the only daughter through his first wife Chikkamuniyamma. Venkatarayappa died on 26.6.1976 leaving behind his two wives to succeed to the suit schedule properties. After the death of
T. ANJANAPPA VS. SOMALINGAPPA – (2006) 7 SCC 570
ANNAKILI VS. A.VEDANAYAGAM AND OTHERS – (2007) 14 SCC 308
S.M.KARIM VS. Mst.BIBI SAKINA – AIR 1964 SC 1254
DR.MAHESH CHAND SHARMA VS. RAJ KUMARI SHARMA (SMT) AND OTHERS – (1996) 8 SCC 128
R.CHANDEVARAPPA AND OTHERS VS. STATE OF KARNATAKA AND OTHERS – (1995) 6 SCC 309
D.N.VENKATARAYAPPA AND ANOTHER VS. STATE OF KARNATAKA AND OTHERS – (1997) 7 SCC 567
KARNATAKA BOARD OF WAKF VS. GOVERNMENT OF INDIA AND OTHERS – (2004) 10 SCC 779
CHATTI KONATI RAO VS. PALLE VENKATA SUBBA RAO –(2010) 14 SCC 316
GURDWAR SAHIB VS. GRAM PANCHAYAT VILLAGE SIRTHALA AND ANOTHER – (2014) 1 SCC 669
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