SHIVASHARANAPPA Vs. SRI AMARAPPA

JUDGEMENT

(1.) We have heard learned counsel for the parties.

(2.) This appeal by special leave petition arises out of a common judgment passed by the High Court of Karnataka in R.S.A. Nos. 725 and 726 of 2001, dated 18th January, 2006 whereby the High Court dismissed RSA No. 725 of 2001 and partly allowed RSA No. 726 of 2001.

(3.) The whole dispute revolves around one acre of non-agriculture land allegedly purchased by the appellant-plaintiff from one Sharabanna Wanikihal, father of respondent/defendant Nos. 1-4 and husband of respondent No. 5, by way of a registered sale deed dated 23-02-1987 for a consideration of Rs. 15,000/-. When the defendants/ respondents were allegedly interfering with the peaceful possession and enjoyment of the property, the appellant filed O.S. No. 17 of 1994 seeking perpetual injunction in respect of the suit schedule property. On the other hand, respondent No.1 herein filed O.S. No. 72 of 1995 seeking declaration that the sale deed dated 23-02-1987 is null and void.