IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF DECEMBER, 2021

BEFORE

THE HON9BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

RFA No. 176 OF 2012

BETWEEN:

SMT JAYALAKSHMAMMA

AGED ABOUT 68 YEARS

D/O PUTTAMARAPPA

BYLAKERE VILLAGE,

HESARAGHATTA HOBLI

BANGALORE NORTH TALUK-560 089..

& APPELLANT

(BY SRI S.R.HEGDE HUDLAMANE, ADVOCATE)

AND:

SMT LAKKAMMA

SINCE DECEASED BY HER L.Rs.

1. SMT.JAYAMMA

AGED ABOUT 57 YEARS

D/O LATE MARAPPA.

2. NANJAPPA

AGED ABOUT 53 YEARS

S/O LATE MARAPPA

3. RAMANNA

AGED ABOUT 49 YEARS

S/O LATE MARAPPA

RESPONDENTS 1 TO 3 ARE

RFA.No.176/2012

2

R/O BYLAKERE VILALGE,

HESARABHATTAHOBLI,

BANGALORE NORTH TALUK-560 089.

4.

SMT B S JAGADHAMBA

AGED ABOUT 60 YEARS

W/O C SOMASHEKAR

R/AT NO.720, OLD PANCHAYATH

OFFICE ROAD,

YESHWANTHPURA

BANGALORE 560 096.

& RESPONDENTS

(BY SHRI P.N.RAJESHWARA FOR M/s GAUTAM

& RAJESHWA, ADVOCATE FOR C/R-4;

R-1 TO R-3 ARE SERVED)

THIS REGULAR FIRST APPEAL IS FILED UNDER SEC.96 OF

CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE

PASSED BY THE PRESIDING OFFICER, FTC -III (SESSIONS),

BANGALORE

RURAL

DISTRICT,

BANGALORE,

MADE

IN

O.S.NO.1577/2008 DATED 02.11.2011 AND KINDLY PASS THE

JUDGMENT

AND

DECRE

IN

FAVOUR

OF

THE

PLAINTIFF/APPELLANT AS PRAYED IN THE SAID SUIT.

THIS APPEAL HAVING BEEN HEARD THROUGH PHYSICAL

HEARING/VIDEO CONFERENCING HEARING AND RESERVED ON

06.12.2021, COMING ON FOR PRONOUNCEMENT OF JUDGMENT

THIS DAY, THE COURT DELIVERED THE FOLLOWING:

RFA.No.176/2012

3

JUDGMENT

This is plaintiff's appeal. The present appellant as plaintiff

had instituted a suit in O.S. No.1577/2008 in the Court of

Presiding Officer Fast Track Court-III (Sessions), Bengaluru Rural

District, Bengaluru (for brevity, referred to as the 'Trial Court')

against the present respondents arraigning them as defendant

nos.1 to 5 for the relief of declaration and permanent injunction.

2. Summary of the plaint averments in the Trial Court is

that the suit schedule property which is an agricultural land

bearing Survey No.27/3 measuring 36 guntas and situated at

Bylakere village, Hesaraghatta Hobli, Bengaluru North Taluk, is

the self-acquired property of one Maheswarappa, son of Putta

Maranna. The said Maheswarappa is the brother of the plaintiff

and one Smt.Ramakka. Maheswarappa had acquired the suit

schedule property under the order of the Special Deputy

Commissioner for Inams Abolition, Bengaluru. Later on, the

revenue records were made in his name. Thus, right from the

date of acquisition in the year 1958, Maheswarappa continued to

be in lawful and peaceful possession and enjoyment of the suit

schedule property till his death.

RFA.No.176/2012

4

It

is

the

further

plaint

averment

that

the

said

Maheswarappa died without any issues. After his death, the

plaintiff came in peaceful possession and enjoyment of the suit

schedule property. Another sister of Maheswarappa by name

Smt.Ramakka had also passed away. As such, the plaintiff

acquired right, title and interest over the suit schedule property

by way of succession, being Class-I heir of the deceased

Maheswarappa.

It is also contended by the plaintiff that defendant no.1 is

the wife and defendant nos.2 to 4 are the children of one Sri

Marappa who is nowhere connected to the plaintiff nor deceased

Maheswarappa. Marappa by playing fraud and misrepresentation

and in collusion with the revenue authorities, got created

revenue documents in his favour with respect to the suit

schedule property. The said Marappa also created documents

with respect to the suit schedule property in favuor of defendant

no.5. The alleged transaction entered into between Marappa and

defendant no.5 with respect to the suit schedule property is not

binding on the plaintiff.

RFA.No.176/2012

5

The plaintiff who is an illiterate and does not know the

worldly affairs of the proceedings in respect of the suit s