SRI ISHWARA BHAT Vs. SMT PADMAVATHI

JUDGEMENT

(1.) Eshwara Bhat had filed a suit seeking for declaration that he had perfected the title over the suit schedule property by way of adverse possession. He also sought for decree of injunction to restrain the defendants from interfering with his peaceful possession.

(2.) Eshwara Bhat - plaintiff claimed that Sesu Poojary, father of Defendants 1 to 7 had executed an agreement of sale and had delivered the suit property for a consideration of Rs.2000/- and while executing the said agreement, he also handed over the original grant order and had authorized the plaintiff to remove green manure and firewood from the land. It was stated that on 21.1.1975 the said Sesu Poojary had passed away and thereafter, another agreement 28.1.1975 confirming the earlier agreement of sale and borrowed a sum of Rs.1900/- in consideration of the said agreement and it was stated that then the amount was spent for expenses of medical treatment of late Sesu Poojary and also for funeral expenses and the same was set out in the agreement itself.

(3.) Eshwar Bhat basically contended that the agreement contained a clause that if agreement was not executed on or before 31.3.1976, he had a right to enter upon the property as a purchaser and enjoy possession as an absolute owner.