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2020 Supreme(Kar) 124

NATARAJ RANGASWAMY
Veerappa S/o Shivappa Chetti – Appellant
Versus
Kalakappa S/o Channappa Chetti – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. Ashok Hosur, Sri. Hanumanthareddy Sahukar.
For the Respondents: Sri. Nagaraj J. Appannanavar, Sri. Laxman T. Mantagani.

JUDGMENT :

NATARAJ RANGASWAMY, J.

1. This Regular Second Appeal is filed by the plaintiff in O.S. No. 87/1992 feeling aggrieved by the Judgment and Decree passed by the First Appellate Court [Civil Judge] (Sr. Dn. at Koppal) in R.A. No. 57/2004 dated 12.10.2004, by which the First Appellate Court reversed the Judgment and Decree dated 27.03.2001 passed in O.S. No. 87/1992.

2. The parties shall henceforth be referred to as they were arrayed before the Trial Court. The appellant herein was the plaintiff, while the respondents herein were the defendants before the Trial Court.

3. The plaint averments reveal that the suit property bearing Sy. No. 37/A measuring 1 acre 18 guntas was originally owned and possessed by Kalakavva who had inherited the said property from her father. The said Kalakavva was the maternal aunt of the plaintiff. The plaintiff claimed that Kalakavva had executed a Will dated 10.05.1984 in favour of the plaintiff bequeathing the suit property. During her lifetime, Kalakavva gave a vardi to enter the name of the plaintiff in the revenue records pursuant to which the name of the plaintiff was entered as “Paschat Maalik.” Further, it is claimed that after the death of Kal

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