HUVAPPA IRAPPA BALLARI Vs. BASAVA

JUDGEMENT

(1.) The plaintiff-respondents (hereinafter referred to as "the respondents") are the owners of the suit property i.e. CTS No. 2871/C situated in Ranebennur Town in District Haveri. They filed civil suit being OS No. 33 of 1995 for declaration of title, possession and mesne profits in respect of the suit schedule property (for short "the suit property"). According to the respondents, the defendant-appellant (hereinafter referred to as "the appellant") was put in possession of the suit property as a licensee; that the appellant had started claiming himself to be the owner of the suit property; that as the appellant failed to vacate the suit premises in spite of termination of licence, the present suit for declaration of title, possession and mesne profits was filed.

(2.) The appellant filed his written statement inter alia contending that he was in possession of the suit property in pursuance to the agreement of sale executed in his favour by Mahadevappa Neelakanthappa Airani, younger brother of the respondent in the year 1972. That out of the total sale consideration of Rs. 2000.00 a sum of Rs. 1800.00 had already been paid. That he was ready and willing to pay the balance amount of sale consideration of Rs. 200.00 subject to the execution of sale deed in his favour by the respondents. Mahadevappa, who had executed the agreement of sale, and his brother had died intestate leaving behind no children and their share in the property was inherited by the respondents and they have become the owners of the suit property.

(3.) The trial court vide its judgement dated 13.06.1989 dismissed the suit aggrieved against which the respondents filed appeal in the Court of District Judge, which was dismissed on 2.09.1993.