MAHANTH KUMARI Vs. S VIJAYA KUMAR

JUDGEMENT

(1.) This appeal is directed against the judgment and decree, dated 7.12.2009 passed by the Court of the VIII Addl. City Civil Judge (CCH.15), Bangalore in O.S. No. 15077/2003.

(2.) The facts of the case in brief are that one Sri K.R. Nagappa Reddy was the owner of the suit schedule 'A' property. A portion of 'A' schedule property consisting of 2 shops and 4 houses were leased to the Appellants. The leased portions constitute suit schedule 'B' property. In a family partition, the suit schedule 'A' property was given to Sri Nagappa Reddy's sons, Sriyuts Dhanpal Reddy and Marayana Reddy. The said Narayana Reddy and Dhanpal Reddy filed H.R.C. No. 109/2001 seeking the eviction of the Appellants from the suit schedule 'B' property.

(3.) Meanwhile, Sriyuts Narayana Reddy and Dhanpal Reddy sold the suit schedule 'A' property to the Respondent by a registered sale deed, dated 17.4.2002. As the said Narayana Reddy and Dhanpal Reddy did not have any surviving interest in the suit schedule property, they withdrew H.R.C. No. 109/2001. The Respondent filed O.S. No. 15077/2003 seeking the recovery of vacant possession of the suit schedule 'B' property, damages, mesne profits, etc. The Appellants filed elaborate written statement denying that the Respondent is the owner or lessor of the properties in question. They disputed the genuineness of the partition deed and the sale deed. Based on the rival pleadings, the Trial Court framed the following issues: