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V.JAGANNATHAN
B. C. Ravindra – Appellant
Versus
Deviramma – Respondent


Counsel for the Parties:
For the Appellants:Sri R.S. Ravi, Advocate.
For the Respondent:Sriyuths S. Sreevatsa, Senior Advocate for Kamal and Bhanu, Advocates.

JUDGMENT

V. Jagannathan, J.—The defendants in the suit filed by the respondent-plaintiff are in appeal, aggrieved by the suit of the plaintiff for declaration and possession being decreed. The main grievance of the appellants-defendants in this appeal is that, without seeking the relief of cancellation of the gift deeds in question, the Trial Court could not have decreed the suit.

2. The facts which fall within the narrow compass are that, the plaintiff filed the suit for declaration and possession in respect of the suit properties which are described as 2 acres and 20 guntas of land in Sy. No. 1148, 25 guntas of land in Sy. No. 1223, and 0.30 guntas of land in Sy. No. 54, all situated in Belagola Hobli, Srirangapatna Taluk, and it was the plaintiff’s case that she became the absolute owner of the suit property by virtue of a registered gift deed executed in her favour by her parents on 27-9-1963. Being an old lady, she allowed her sons to cultivate the lands and later executed a registered Will in favour of her five sons on 30-10-1996. The plaintiff was residing in the house of her second son D. Chikkadevegowda and his two sons (defendants 1 and 2 in the present suit).

3. The said tw


















































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