?__KoDAe:m DIS'I'RIC'1'-571 251
IN um HIGH comm' or KARNATAKA AT Bmenmsg
mmn mzs Tim 41% ms: or AzI<}UsT£2;;}':: 7] V %
BEFORE _
'rim HC}H'BLE
BE N %
ox; KUSHAIAPPA
310 GANAPAIHY
mznmvnaas
GARUVALE % A
KODAGU
(BY saw k
QQ
A %%%%%
"AGED may 59 mans
«em
gens 50'~YE.8;;Rs
GAl2'JVALET vxzmcm
TALUK
.. RESPGHDENT
5STH1"€E'§3.G.BHAGAVA1%', .mv.;
V '"'I'I-{IS RS513 FIL£I) 11/0 106 OF CFC AGAIHST 'RE
ARI") DEGREE DATED:28.4.2C33.Q PASSED IN
*RA.NO.11]2CE5 O3 TI-E FILE CF THE CIVIL JUDGE
'"(SR.I)N] MAEJEQERI, BISMISSWG TI-{E A%AL AND
COHFIRMIKG THE JUDGIVENT AHD DEGREE
m'mD:3.1.2oo5 mssm IH 0S.R0.156;1999 on firm
ms arms pm. CIVIL JUDGE (mm!) MADIKERI.
ms RSA come on ma mmasxw %
"Ix-mcmmnzmmxnnrrmponmame:
Hard the imrned caourael fizz' .'
the appeal prefared by me % %
the concurrent of h' 'The: mixit was
fibé by the and0
the: Iowa by dismissing
d¢ch fa.%--:*1' that he is the absolute own' at'
measuring 1 acme in suniey
m;s;x»2 at cm-uvaxe village of Somwarpvet Taiuk
...he foundatinzx fin' rm afnmsaid right cm the
rm' téred partttm" 3:: dead dated 22.3.1937 am
cane mm the am court that the suit property
' 'béibmad to the mm' of me p}a'mtifi' and under the
partition, suiipz-owty fafita the sham oftln
plaix1@'ax3s&thcmtirepmpcrtyt1'xat<:rZ1g153al1yfel1i:cvtbe
Kl»
p1ainw' was 2.50 acme in sum:-.y 210.215 and Iatezr
survey mzmher was bifurcated into 215]P1
and tbmefom, the defendant has no right _
pmperty and the a t dated
mg: defendant has raised' on is um-erore M
puma rhemm.-m' n ofthue
was that by virtue of «2%5;1;'.é.1937,
dm@'s fiamily has emit property
for om 30 years:__'' --i:;K'::--...--.9£t*ie:sr1 of plaiatifi'
being declared Vpmperty does mat
mine and %§=.s:. the deihndant that
«mm mg: partittian deed dated
22.3.1955
; suit cf the pmm” be
3. in the light of the a.fi:umaxl’ etand
. Ex: by tbs pmfiw flamed as many as six
A. afim evidence appzrecciation, imad all the
‘warms 1 to 5 in favnur arm p}a1’1:1tifi’and suit was
‘mm in part by holding that pxainm as the
of the: suit aehadule properly and docuwt dated
25.12.1937′ was mt an the piaizztifi and tim
/EV
defendant was dir% ha deliver posseasion to the plahgtifi’
wflfin two maths. On appeal by the ,
judge of the Iowa’ appellate court it
Courth 6%.
the appenanc and sun s.G.Bmgs§§n _forV”i*.?1§§’:;E’mf$<;nné¢VVlex1t
and pm-usfi
5. ‘Thu : csounsel *3
that Ex.D1 w11i:;:”iz””>;3 ifiatgd 25.12.1987 had
been held and on the my
same ‘ciizght no haw held tlmt the
§§.8.198’7 was also not
Mtg-%«ovm, it is the submission of the
da£exxiant aka belongs to the
T am said Odiymda family has wum’aI
§ the partitiorn dead Ex.P8, other bzranches
family inciudizmg that sf me appellant was not
% % 1 Unda thew as:-cummnm, mm the courm bebw
ia relyirg on Ex.P8 parfition deed and as such, the
5%}. be admitted to mmidm the substantial question of
3/’
law raised in the appeal mmerandum at pgara
Ha.7(a) ‘£33
5. on the oflmr hand,
Shri S.G.Bhagava11 for the rcapondmifg _ 1′ iv
and mm bah that than his
ewnership truer the suit even
ifEx.D1 m talmn dammt will
not confier title in astablish
title am that ‘ ,..- Ema not placed any
x ‘ hand, plainfi has
placed evidence which ms beam
;~aubm:ission xzaadc. is that the evitiemae
as such, no substaatial question at law
k sqrӢgmmm~a:&an
_ 1 In tha light afthe aformaid ccntenfimn put fin-ward,
hm carefufi! exam’md an reaac+mng’ gxm by the: courts
belawafi Fuflthatthspmfimdomtdfipumfimtflmstfit
property measuring 1 acre in survey 230.215] P2 was for;:_2_._ed
out of original survey R0215 2.5 atxme A’
sub-disrisiaon. £2; was hm-mm am 1 acre V
respectively in survey 119.215/P2 miaxsz ”
the evidence placed by the
imiicated rm. um partition deed
dated 223.1%? and the: suit
pwpmy and the plain.tifi’s
family. Fxzrther. gsmealogr,
the vial mm tree only
indicatm mt crmcxose the
:na.m.of _ gig of the plainfififi
312:3 found that ox-igxfimlly, the
of p1aintifl’s Ether whc was
T certificate. mum these
A the um man; had no dmmmy in act:eptmg’
case. In fact. the trial court aha wok note of
jaagasaason made by the appellant herein that he and
mtbmtlwra am: that dafcndant ia mt mam
aware of partition dae§£;x.P8. Except the era! evfience of
M