An adoption under Hindu law must comply with statutory requirements; mutations based on such should not mislead claims over ancestral properties without proper evidence.

JUDGMENT

1. The appellants who are the plaintiffs before the trial court have preferred this appeal against the judgment and decree dated 19.10.2017 passed in O.S.No.10/2014 on the file of Senior Civil Judge, Yellapur.

2. The parties are referred to as per their ranks before the trial court for the sake of convenience.

BRIEF FACTS OF THE CASE:

3. The plaintiffs have filed this suit against the defendants for the relief of declaration:

a. To declare that, revenue entries M.E.No.1809, 2112, M.R.Nos.5/09-10, 12/09-10 and 29/2009-10 and as well as entries in respect of 'B' schedule properties are illegal and the revenue entries as false entries and to declare the plaintiffs as legal heirs/successors of deceased Fakirappa Narasappa Subhanji and as owners of the A and B suit schedule properties.

b. For the possession of suit schedule 'A' and 'B' properties from the defendants ;

c. For the mesne profits from 06.08.1982 to till handover of actual possession of the suit properties to the plaintiffs.

d. Any other appropriate orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.

4. In the plaint it was contended that:

4.1 The suit properties are the ancestral properties of the plaintiffs. Originally the suit properties were owned by Fakirappa Narasappa Subhanji, who was the maternal grandfather of the plaintiffs and after the death of said Fakeerappa, suit schedule properties were given to the mother of the plaintiffs by name Peeravva, W/o Tirakappa Honnalli, the mother of plaintiffs, as she was the only child of Fakirappa and Somavva. Peeravva’s marriage was solmenised with one Tirakappa Honnalli.

4.2 The maternal grandfather Fakirappa Narasappa Subhanji of plaintiffs died on16.02.1982. Smt.Peeravva died, when the plaintiffs were minors and the father Sri.Tirakappa Honnalli died on27.04.2013. Hence, the plaintiffs who are the legal heirs of Peeravva are having the title over the suit property.

4.3 Deceased Tarkeshappa, S/o.Lakshmanappa Maratha had no right, title whatsoever, over the suit properties. Neither Tarkesh Maratha nor defendants are legal heirs of deceased Fakirappa Narasappa Subhanji nor the deceased Peeravva, W/o.Tirakappa Honnalli. Sri.Tarkeshappa, S/o.Lakshmanappa Maratha, husband of defendant No.1 and father of defendants Nos.2 to 7, illegally, by producing false documents and colluding with the revenue officials got entered the M.E.No.1809. By virtue of M.E.No.1809 neither Tarkeshappa nor defendants have got any rights over the suit properties.

4.4 Deceased Tarkeshappa Maratha is not an adopted son of deceased Fakirappa Narasappa Subhanji. Fakirappa has neither adopted Tarkeshappa nor executed any adoption deed. However, Tarkeshappa has forged and presented the said illegal adoption deed before the revenue authorities and got the entries mutated in his favour. The said mutation entry is not at all binding upon the plaintiffs.

4.5 Tarkeshappa died on 15.09.1994 and after his demise suit properties changed in the name of defendants and in this regard M.E. Entry No.2112 has been certified, however this mutation entry is also false and by virtue of this mutation entry the plaintiffs