NANJEGOWDA Vs. GANGAMMA

JUDGEMENT

(1.) Defendant No. 1 Nanjegowda and his wife Defendant No. 3 Jayamma are before us by special leave against the judgment and decree of affirmance.

(2.) Plaintiff No. 1 Gangamma is the wife of late Honnanna. Plaintiff No. 2 Vanajakshi is the daughter of Plaintiff No. 1, whereas Plaintiff No. 3 Nagesha and Defendant No. 2 Manjunatha are her sons. Plaintiffs filed the suit for declaration and possession over an area measuring East to West 50 feet and North to South 15 feet with a house built thereon measuring 15x12 feet, appertaining to survey No. 70/19, situated at Kamakshipalya, Saneguruvanahalli, Yeshwanthapur Hobli, Bangalore North Taluk in the State of Karnataka.

(3.) According to the Plaintiffs, the property originally belonged to one Ramakrishna. He had purchased the same under a registered sale deed dated 13th December, 1978. The aforesaid Ramakrishna sold the said property to Honnanna by a registered sale deed dated 5th June, 1980. According to the Plaintiffs, Honnanna executed the power of attorney in respect of the suit property in favour of Defendant Nos. 1 and 3 which came to an end on his death on 13th July, 1986. Defendant Nos. 1 and 3 hereinafter referred to as the Defendants (Appellants herein) contested the suit. They have not denied that Honnanna had purchased the property on 5th June, 1980 from Ramakrishna. However, they claim title over the property on the basis of an agreement to sale dated 27th November, 1982. It is further case of the Defendants that there being a ban on registry of the property, an irrevocable power of attorney was executed by Honnanna on 14th July, 1985 as also an affidavit of the same date.