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 the plaintiff’s mother and step mother, she is in exclusive possession and enjoyment of the suit schedule properties.

4. Mariyanna is the grand father of Venkatarayappa. He had two sons, namely, Channappa and Byrappa. The first son Channappa had two sons, namely, Hanumappa and Munishamappa. The first son Hanumappa had two sons by name Channappa and Byrappa. The said Channappa, son of Hanumappa is the first defendant in the suit. The second defendant is the son of the first defendant. The second son of Mariyanna, namely, Byrappa had a son, namely, Venkatarayappa, who is none other than the plaintiff’s father. Venkatarayappa had also a sister, namely Doddamuniyamma, who is no more. The plaintiff has two daughters, namely, Pilla Akkayamma and Rangalakshmamma and amongst them her daughter Pilla Akkayamma is given in marriage to one Byrappa, son of Hanumappa, who is none other than the brother of the first defendant. He resides in Avathi Village and looks after the plaint schedule properties in the absence of the plaintiff.

5. During the life time of the plaintiff’s father Venkatarayappa, he was in exclusive possession of the plaint schedule properties and katha of the said properties stood in his name. Plaintiff and her children are ignorant about katha and revenue documents since they are illiterate. The defendants have no manner of right, title or interest in respect of the said properties. However, by colluding with the revenue officials, they have managed to change the katha of the said properties.

6. When the defendants filed the written statement on 19.7.1997, plaintiff came to know that her step mother Byamma had executed a gift deed in favour of the second defendant bequeathing some of the items of the suit schedule properties. The said document is concocted one and not acted upon. Byamma had not executed any gift deed and thumb impression found on the said document is not that of Byamma. There is no partition between the two wives of Venkatarayappa. As such, his second wife Byamma had no legal authority to execute the gift deed in favour of the second defendant.

7. The defendants have filed their written statement contending that plaintiff is not the owner or in possession of the suit schedule properties. Sy.Nos.216/3, 229/9, 277/2, 296/3 and a house property situated at Avathi village were exlusive properties of Byamma, wife of Venkatarayappa. She had gifted the said properties in favour of the second defendant on 12.3.1979 and properties in Sy.Nos.218/2, 216/2, 234/5 and 238/4 of Avathi village were gifted to Doddamuniyamma, who is none other than the sister of the plaintiff’s father. The said Doddamuniyamma and her husband were living with defendant No.1 and since they had no issues, they had treated the first defendant as their son. During their