NANJEGOWDA Vs. SOWBHAGYA

JUDGEMENT

(1.) The defendant is in second appeal.

(2.) The plaintiffs/respondents filed a suit for declaration of their title and for possession of the suit property. It was their case that they had purchased the suit property under the registered sale deed dated 13.8.1992 and they had thereafter raised a loan and constructed a house. It was stated that the defendant, who had no manner of right, title or interest, had trespassed on to the suit schedule property and illegally occupied the same and that they were therefore entitled to recover possession from him.

(3.) The said suit was resisted by the defendant on the ground that the plaintiffs were no doubt the owners and had constructed the house, but plaintiff No.2 had executed an agreement of sale on 29.12.2001, whereby he had agreed to sell the suit property for a sum of Rs.75,000/- and had received a sum of Rs.45,000/- as part of the sale consideration. It was stated that the time fixed for registration was 31.3.2002 and in view of the sale agreement, the defendant was entitled to reside in the house, which he had sought to purchase.