AAJAMBI AND ORS. Vs. MUMTAZ BEGUM

JUDGEMENT

(1.) Defendants in O.S. No. 461/1999 on the file of the Civil Judge, (Jr.Dn.), Dharwad have come up in this second appeal impugning the divergent finding rendered by the lower appellate Court in R.A. No. 142/2004 by judgment and decree dated 20.10.2008 and consequently setting aside the dismissal of the suit of the plaintiff by the trial Court by judgment and decree dated 14.08.2004.

(2.) The brief facts leading to this second appeal are as under:

(3.) In the said suit, after service of summons, defendants entered appearance and took up a contention that the suit is not maintainable for more than one reason. First of all, the plaintiff who had earlier filed a suit for bare injunction should have secured permission from the Court for filing the present suit; the present suit in O.S. No. 461/1999 is not maintainable for non -joinder of necessary parties, because the persons who gifted the suit property to her are not arraigned as parties to the proceedings; the cause of action which is shown in the suit schedule is incorrect; she has got gift deed executed in her favour in the year 1983, therefore, the suit is barred by limitation and also on various other grounds. In addition to that, they also raised counter claim that, since they have been in possession and enjoyment of the suit property adverse to plaintiff's title and to the knowledge of the plaintiff for more than 12 years, as such, they have perfected their title to the suit property, hence they should be declared as owners of the suit property.