S.R.LAKSHMI Vs. LAKSHMAMMA

JUDGEMENT

(1.) The plaintiff in O.S.No.779/2013 has preferred this second appeal assailing the judgment and decree passed in R.A.No.15/2016, dated 07.04.2017 by the Court of Addl. Senior Civil Judge and CJM at Tumakuru, by which, the judgment and decree passed in O.S.No.779/2013, by the Principal Civil Judge and JMFC-I, Tumakuru dated 05.11.2015 has been confirmed.

(2.) For the sake of convenience, parties herein shall be referred to, in terms of their status before the Trial Court.

(3.) The case of the plaintiff is that he is the absolute owner of the property bearing khata No.1070/934/687 measuring 23 x 41 feet., by virtue of registered sale deed dated 21.04.2008 executed by one T.H.Anantharaju, S/o.Late R.Hutchappa. The further case of the plaintiff is that the said Anantharaju had filed a suit in O.S.No.37/2008 before the I Addl. Civil Judge and JMFC, Tumkur for eviction against the very same defendant from the very same property. The said suit came to be dismissed on the ground that the plaintiff has failed to prove the jural relationship of landlord and tenant. It is the further case of the plaintiff that she has purchased the property by a registered sale deed and she filed a suit only for eviction and damages.