J.C.SHAH, V.RAMASWAMI
Ningawwa – Appellant
Versus
Byrappa Shiddappa Hireknrabar – Respondent
Judgement
RAMASWAMI, J.: This appeal is brought, by certificate, from the judgment of the Mysore High Court dated July 29, 1960 in R. A. (B) 71 of 1956, whereby the High Court allowed the appeal of the respondents and dismissed the suit of the appellant.
2. In the suit which is the subject-matter of this appeal the appellant asked for a decree for possession of the properties mentioned in the schedule to the plaint on the ground that she was the owner of the properties in spite of the gift deed, Ex. 45 executed by her on January 16. 1938. According to the case of the appellant, plots Nos. 91 and 92 of Lingadahalli village were inherited by her from her father and plots Nos. 407/1 and 409/1 of Tadavalga village were originally the properties of her husband Shiddappa. These plots had been usufructually mortgaged but they were redeemed from the funds supplied by the appellant and a reconveyance of the two plots was taken in the name of the appellant. At about the time Ex. 45 was executed it is alleged by the appellant that her husband Shiddappa was dominating her will and persuaded her to execute the gift deed in respect of plots 407/1 and 409/1 of Tadavalga village. The appellant was t
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