V.K.DAYANAND Vs. NIRMALA

JUDGEMENT

(1.) The appellants are the legal representatives of the sole plaintiff in O.S.1968/1999 on the file of XIV Additional City Civil Judge, Bengaluru. The plaintiff claimed the reliefs of declaration of his title over 'A' schedule property, possession of 'B' schedule property from the defendants and permanent injunction restraining the defendants from committing acts of wastage of or damage to 'B' schedule property, with the following pleadings : -

(2.) The plaintiff purchased 'A' schedule property bearing No. 124/A measuring 35 x 50 feet situate at Koramangala, Bengaluru, from three persons viz., Srinivasa Reddy, N.Kodand Reddy and Sri Gundappa under a registered sale deed dated 3.4.1991. Plaint 'B' schedule property is a part of 'A' schedule measuring 13 x 35 feet. 'A' schedule property was occupied by the tenants of the plaintiff's vendors and there was attornment of tenancies in favour of plaintiff after he purchased it. Thereafter the plaintiff initiated eviction proceedings against the tenants and obtained possession of three tenements, but in Execution proceeding No. 2408/1993 and 2410/1993, the defendants objected to the execution contending that the plaintiff was not their landlord and that they had independent interest in the property from which they were sought to be evicted. The executing court, therefore directed the plaintiff to approach the Civil Court; and hence the plaintiff brought the suit. The plaintiff has stated that 'B' schedule property is the portion being in possession of the defendants and that on 3.3.1993, the defendants made an attempt to demolish or damage the 'B' schedule property.

(3.) Apart from denying the plaintiff's title over 'B' schedule property, the defendants pleaded specifically that they were in possession of property bearing khaneshumari No.125. Tracing the title, they stated that one Gundappa was their maternal grandfather. He had two wives, Yellamma and Ankamma. Their mother, Lingamma was one of the daughters of Gundappa through his first wife. When Gundappa settled all his properties amongst his sons by effecting an oral partition, Lingamma was given a small house measuring 15 x 50 feet, as she had no shelter. Property bearing khaneshumari No. 124 measuring 8 x 50 feet fell to the share of one Nanjappa and Muni Reddy who were the sons of Gundappa through his second wife. Since there arose differences between Nanjappa and Muni Reddy, they divided the property bearing No.124 and each of them got 8 x 25 feet. Nanjappa's share was renumbered as 124/A and Muni Reddy's 124/B. The vendors of the plaintiff are the sons of Nanjappa. They might have sold plaint 'A' schedule property by giving wrong measurements and they could not have sold what they did not own and possess. Therefore, the plaintiff cannot claim possession of 'B' schedule property which is a part of their property bearing No. 125.