B. NAGARATHNA Vs. DEVAMMA

JUDGEMENT

(1.) This regular second appeal is filed by the plaintiff in O.S. No. 353 of 2005 challenging the judgment and decree of the Trial Court and concurring judgment and decree of the First Appellate Court dismissing the suit for declaration of title and possession of the suit property.

(2.) For the sake of brevity and easy understanding, the parties in this judgment are referred to as they were arrayed before the Trial Court. The appellant herein was the plaintiff while the respondent was the defendant before the Trial Court.

(3.) It is the claim of the plaintiff that the suit property bearing No. 537, 537/1 situated at 1st Cross, Kamatageri, Nazarabad Mohalla, Mysuru was originally owned by Puttananjappa and after his death, his daughter Smt. Saraswathamma and her son C. Chandrashekar and one Smt. Parvathi and her minor children executed an absolute Deed of Sale dated 28th July, 2004 in favour of the plaintiff and therefore, the plaintiff became the owner of the suit property. It is the claim of the plaintiff that one Borappa and Thimmaiah were tenants under Smt. Saraswathamma against whom the son of Smt. Saraswathamma had filed H.R.C. proceedings in H.R.C. Nos. 335 and 336 of 1998. The said proceedings were withdrawn. Later, the tenant Thimmaiah vacated the property and delivered the possession in favour of the plaintiff. It is stated that the defendant in the suit, taking advantage of the absence of the plaintiff, unlawfully broke open the lock of the suit property and tress-passed into the same. Thus, the suit for declaration and possession was filed.