MYSORE URBAN Vs. KAUSALYA DEVI

JUDGEMENT

(1.) The captioned appeal is filed by the appellant/defendant challenging the judgment and decree passed in O.S.No.243/2009.

(2.) The facts leading to the case are as under:

(3.) Per contra, the appellant/authority on receipt of summons, contested the proceedings by filing written statement. The appellant/authority stoutly denied the entire averments made in the plaint. At para 5 of the written statement, the appellant/authority took a contention that the suit schedule property was never allotted to Kariyappa. It is the case of the appellant/authority that Kariyappa never submitted an application seeking grant of site. It was alleged in the written statement that documents are forged by Kariyappa and others and in this regard, the appellant/authority has already lodged a criminal complaint with the jurisdictional Police Station at Lakshmipuram. It is also contended at para 5 of the written statement that respondent/plaintiff is well aware of criminal proceedings. Since respondent/plaintiff is asserting right on the basis of forged documents, she is not entitled for relief as sought in the plaint and hence, the appellant/authority prayed for dismissal of the suit. A plea was also taken in the written statement that suit is bad for non- joinder of necessary parties.