LAKSHMIDEVI Vs. K.A. MALLAPPA

JUDGEMENT

(1.) This Regular Second Appeal is filed by the defendant No.1 in O.S.No.104/2010 challenging the Judgment and Decree dated 10.06.2011 passed by the Civil Judge (Junior Division) and JMFC., Molakalmuru in O.S.No.104/2010 and the concurring Judgment and Decree dated 13.07.2012 passed by the Senior Civil Judge, Challakere in R.A. No.40/2011.

(2.) The parties shall henceforth be referred to as they were arrayed before the Trial Court. The appellant herein was the defendant No.1, while the respondent No.1 was the plaintiff and the respondent No.2 was the defendant No.3, while the respondent No.3 was the defendant No.2 before the Trial Court.

(3.) The plaint filed in O.S.No.104/2010 disclose that the suit schedule property bearing Sy.No.5/1A measuring 06 acres 26 guntas belonged to Sri.Mekegowdara Siddappa who sold it to the plaintiff for a sum of Rs.2,000/- and executed a deed of absolute sale dated 09.07.1968. The plaintiff claimed that he was placed in possession and enjoyment of the suit schedule property. The plaintiff contended that his vendor had not, in his life time, interfered with his lawful possession and enjoyment of the suit property. He claimed that his vendor died in the year 1999.