DAYAMATHI BAI Vs. K M SHAFFI

JUDGEMENT

(1.) This appeal by special leave is filed by the original defendant against the judgment and order dated 18th December, 1998 passed by the High Court of Karnataka in R.S.A. No. 802 of 1995.

(2.) Briefly, the facts giving rise to this appeal are as follows :- K. M. Shaffi, respondent herein instituted a suit bearing O.S. No. 451/84 in the Court of Principal Munsiff, Bellary (hereinafter for the sake of brevity referred to as "the trial Court") for a declaration that a portion of T.S. No. 272-A and T.S. No. 273-B admeasuring 80 x 120 (hereinafter for the sake of brevity referred to as "the suit plot") was his and his brothers absolute property. In the said suit, the plaintiff also sought an injunction restraining the appellant herein (defendant) from entering the suit plot.

(3.) T. G. Sreenivasa Pillai, T. G. Viveka-nanda Pillai and T. G. Sathya-narayana Pillai sons of Gurunatham Pillai were the owners of suit land bearing S. No. 635R (which was revised to T.S. 272) admeasuring 90 cents and S. No. 635T (revised to T.S. 273) admeasuring 5 acres 38 cents. The sons of Gurunatham Pillai sold the above lands to Khan Saheb Abdul Hye vide sale deed dated 14-11-1994 (Ex. P.1) for Rs. 300/-. Khan Saheb Abdul died in 1947 leaving behind him his two sons, Basheer and Muneer who in turn gifted the said lands to one Sattar (father of the plaintiff) and Rahiman (plaintiffs uncle) under gift deed dated 20-6-1996 (Ex. P2). Sattar and Rahiman got the above lands sub-divided. In the partition suit No. 381/72 on the file of Principal Munsiff, Bellary the plaintiff herein and his brother got the sub-divided Plot Nos. T.S. 272A and T.S. 273B which included the suit plot admeasuring 80 x 120. The present title suit was filed when the appellant herein tried to enter upon the suit plot.