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2023 Supreme(Kar) 1178

H. P. SANDESH
Girija Poojarthy – Appellant
Versus
Mayyu Poojarthy – Respondent


Advocates appeared:
S.K.Acharya, Advocate, Rameshchandra, Advocate, S.N.Basavaraju, Advocate

JUDGMENT

1. This appeal is filed by defendant Nos.6 and 7 praying this Court to set aside the judgment and decree dtd. 12/9/2006 passed in R.A.No.118/205 by the First Appellate Court and confirm the judgment and decree dated 08.082003 passed in the O.S.No.325/1999 by the Trial Court.

2. The factual matrix of the case of the plaintiff before the Trial Court is that the husband of the plaintiff and father of defendant Nos.1 to 5 i.e., late Chakka Poojary acquired plaint 'A' schedule properties through the order dtd. 29/8/1981 in TRL No.273/81-82 by the Land Tribunal, Karkala consequent upon his declaration filed praying confirmation of his chalageni right of tenancy by virtue of the Karnataka Land Reforms Act. It is the case of the plaintiff that the said Chakka Poojary died intestate on 8/11/1991 leaving behind the plaintiff and defendant Nos.1 to 5 as his successors. The plaintiff and defendant Nos.1 to 5 are in joint possession, cultivation and enjoyment of plaint 'A' schedule properties since the death of said Chakka Poojary having joint legal right, interest and title over the same. The plaintiff is not getting her reasonable and equal income in the plaint 'A' schedule properties

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