This regular first appeal filed under Section 96 of

Civil Procedure Code, 1908, is by defendants challenging

the

judgment

and

decree

dated

16.02.2018

in

O.S.No.7/2016 on the file of Senior Civil Judge and JMFC.,

Shahapur, by which plaintiff's suit for declaration of title

and permanent injunction came to be allowed.

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2.

For the sake of convenience the parties are

referred to by their rank before the trial Court.

3.

Briefly stated the plaint averments leading to

the filing of the suit are that the genealogical tree of family

of plaintiff is as under;

Mallappa S/o. Tippanna @ Thimmappa Tekral (Dead)

Honnamma (Wife)

Basamma W/o. Bheemappa @ Bheemaraya (Daughter)

Maremma (Plaintiff)

3.1

As

evident

from

the

genealogical

tree,

Mallappa Tippanna @ Thimmappa Tekral had only one

daughter Basamma. Plaintiff is the only daughter of said

Basamma. Suit schedule properties are the ancestral

properties of the plaintiff. She is in possession and

enjoyment of the same and they are cultivated under her

supervision. Plaintiff and her ancestors belong to 'Kuruba'

community whereas the defendants belong to 'Kabbila'

community. Plaintiff and defendants are not related.

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3.2

Originally Sy.No.253 totally measuring 35

acres 32 guntas consisting of 2 division (Pod) viz., 253/D

and 253/E. Sy. No.253/D consists of two portions i.e. one

portion measuring 17 acres 36 guntas and another

measuring 8 acres 38 guntas. Survey No.253/D measuring

17 acres 36 guntas originally belong to plaintiff's maternal

grandfather Mallappa S/o Thippanna @ Thimappa Tekral.

As per the Kasara Pahani it was purchased on 04.04.1356

phasali year. Sy.No.253/D measuring 8 acres 38 guntas

and Sy.No.253/E also measuring 8 acres 38 guntas belong

to one Basappa, S/o Sabappa. Present suit is filed in

respect of Sy.No.253/D measuring 17 acres 36 guntas

(hereinafter referred to as ‘Suit Item No.I’) which is the

northern portion and Sy.No.253/E (hereinafter referred to

as ‘Suit Item No.II’) measuring 8 acres 38 guntas which is

the southern most portion. The middle portion in

Sy.No.253/D, which now renumbered as Sy.No.253/2 as

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shown in the plaint rough sketch is not the subject matter

of the suit.

3.3

The revenue records in respect of Suit Item

No.I was standing in the name of plaintiff's maternal

grandfather Mallappa S/o Thippanna @ Thimappa Tekral

from 1973-74 to 1987-88. He died during 1981. Plaintiff's

mother Basamma died prior

to plaintiff's maternal

grandfather. Plaintiff's marriage was performed during

their lifetime and she was staying in her husband's house.

Suit Item No.I and II were given to defendant No.1 for

cultivation on crop sharing basis since from the time of

plaintiff's maternal grandfather. After his death, plaintiff

continued to give the Suit Item No.I and II to defendant

No.1 for cultivation on crop sharing basis.

3.4

Suit Item No.II originally belong to Basappa,

S/o Sabappa. Plaintiff's mother purchased the same

through oral agreement and was in possession and

enjoyment of it. Both Suit Item No.I & II were cultivated

by defendant No.1 on crop sharing basis under plaintiff and

her maternal grandfather.

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3.5

In the Kasara pahani for the year 1963 - 64

1974-74, the extent of Suit Item No.I is rightly shown as

17 acres 36 guntas. Similarly, the extent of Suit Item No.II

is shown as 8 acres 38 guntas. However, subsequently,

Sy.No.253/D measuring measuring 17 acres 36 guntas is

struck out and re-numbered as 253/1 and 253/1/D each

measuring 8 acres 36 guntas. Similarly Sy.No.253/E is re-

numbered as 253/3 but measurement is shown as 13

acres 4 guntas. Therefore, in order to correct the same,

plaintiff gave application. As per order No.159 dated

03.01.1984, once again Sy.No.253/D is shown as 17 acres

36 guntas. Similarly, Sy.No.253/1/C and 253/1/D are

shown as 8 acre 38 guntas each. Also Sy.No.253/3 is

corrected as Sy.No.253/E measuring 8 acres 38 guntas.

3.6. Taking advantage of the fact that plaintiff is a

woman, during 1987-88 defendant No.1 in collusion with

his relatives an