DEVAKAMMA Vs. PARAVATAVVA

JUDGEMENT

(1.) The 1st Defendant in O.S. No. 29 of 1999 on the file of the Principal Civil Judge (Senior Division), Bagalkot has filed this appeal against the findings of the Trial Court on issue No. 3 which reads thus:

(2.) The suit is for declaration of title and injunction against the 1st Defendant. The 1st Defendant had obtained a decree for maintenance in O.S. No. 35 of 1976 and a charge was created on the suit schedule properties in the above stated decree. The decree was challenged in R.A. No. 17 of 1978 wherein the decree was modified and the charge was restricted to the share of husband of the 1st Defendant in the suit schedule properties.

(3.) In the instant suit, the 1st Defendant has pleaded that the right of maintenance acquired by her in O.S. No. 35 of 1976 and the charge created therein has enlarged into absolute estate and she has become the absolute owner of suit B schedule property. The Plaintiffs while admitting the proceedings in O.S. No. 35 of 1996 and the relief granted to 1st Defendant have contended that the plea of 1st Defendant that she had become the absolute owner of suit 'B' Schedule property by virtue of the decree obtained in O.S. No. 35 of 1976 is untenable. The Plaintiffs have also raised other contentions.