G RAMA Vs. T G SESHAGIRI RAO

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a learned Single Judge of the Karnataka High Court allowing the appeal filed in terms of Section 96 read with Order XLI of the Code of Civil Procedure, 1908 (in short the C.P.C.).

(3.) Background facts in a nutshell are as follows : The respondent T. G. Seshagiri Rao who after his death has been substituted by his legal heirs, had filed a suit with inter alia prayer to declare him as an absolute owner of the plaint schedule property and to direct the defendant (appellant herein) to deliver vacant possession of the suit schedule property. The suit property is a residential house bearing No. 257/1, 5th Cross, Kempegowda Nagar, Bangalore measuring East West 15 x 5 and north south 35.