G MAHILINGAPPA Vs. G M SAVITHA

JUDGEMENT

(1.) This is an unfortunate litigation between a father and his married daughter on the right of ownership of a house measuring about 40 feet by 30 feet in Khata No. 54 of garehatty village in Chitradurga Taluk in the state of Karnataka (hereinafter referred to as the "suit property").

(2.) The appellant, who suffered defeat in second appeal before the High Court at Bangalore (Karnataka) , filed a special leave petition which on admission got registered as a regular appeal being civil appeal'no. 2867/2000 in this Court.

(3.) The appellant is the father of the respondent. The suit property was purchased by the appellant in the name of the respondent by a registered sale deed dated 24th of august, 1970 when the respondent was a minor of seven years of age. Subsequently, her marriage was settled and at that point of time she was assured that the respondent shall not be disturbed as she was given'to understand that the suit property was her own property. She was married to one Shri C. Thippeswamy on 4th of December, 1980. Relationship between the appellant and the respondent was cordial till 8th of October, 1983, and only thereafter relationship became strained. At that stage she asked for vacation of the suit property not only from the appellant and his family but also from the tenants who were defendants 2 to 5'in the. suit and for payment of rent to her. The appellant and the tenants had, however, refused to vacate their respective portions of the suit property in their possession or to pay rent to her. Accordingly, the respondent was constrained to file the suit for declaration of title and. recovery of possession in respect of the suit property on the averment that since the suit property stood in her name, and the same was purchased for the benefit of the respondent and as a security for her marriage she was entitled to a decree for declaration and possession. The suit was however filed on 5th of July, 1984.