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2023 Supreme(Kar) 1041

SACHIN SHANKAR MAGADUM
Puttagangamma – Appellant
Versus
Rangaraju – Respondent


Advocates appeared:
S.K.Nagarathna, Advocate, Nitheshk.N., Advocate, K.V.Narasimhan, Advocate

JUDGMENT

1. The captioned second appeal is filed by the plaintiffs feeling aggrieved by the judgment and decree of the Courts below wherein plaintiff's suit seeking relief of declaration and possession is dismissed by both the Courts.

2. For the sake of brevity, the parties are referred to as per their rank before the trial Court.

3. This Court deems it fit to refer to the family tree as it is relevant for effective adjudication of the controversy between the parties. The family tree is as under:

4. The plaintiff No.1 and defendant Rangaraju are brother and sister. Both are children of one Puttamma. The plaintiff No.1 is given in marriage to the brother of Puttamma. The present plaintiffs have filed the suit seeking possession which is based on title. The plaintiffs contended that the suit land was owned by Chikkamuniswamy Raju and after his death, the plaintiffs being the only class-I heirs i.e., widow and children have inherited the property left behind by Chikkamuniswamy Raju. It is the specific case of the plaintiffs that after death of Chikkamuniswamy Raju, plaintiff No.1 delivered possession to defendant who is none other than her brother on a condition that he would handover

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