BHAVANAMMA WIFE OF LATE SESHAGIRIYAPPA AND SMT. SREEMATHI WIFE OF SATISH Vs. V.N. DONGARE, S/O. NARAYANA DONGARE AND CITY MUNICIPAL COUNCIL REPRESENTED BY ITS COMMISSIONER

JUDGEMENT

(1.) THESE two appeals are filed by the Plaintiff in O S No. 165/1991 being aggrieved of the judgment and decree passed in R A Nos. 49 and 51/2007 on the file of the Civil Judge (Sr.Dn.) at Sagar. The suit O S No. 165/1991 is filed by one Smt. Bhavanamma w/o late Seshagiriyappa seeking for relief of permanent injunction. The suit O S No. 243/1991 is filed by one Sri V N Dongre for the relief of permanent injunction and alternatively for recovery of possession of the suit schedule property. Both the suits are substantively in respect of the same property, except the measurement on North -South, Smt. Bhuvanamma claims it to be 60 whereas Sri V N Dongre claims it to be 55.

(2.) THE trial court has decreed the suit filed by Sri v. N Dongre and dismissed the suit filed by Smt. Bhuvanamma. Aggrieved by the same, Smt. Bhuvanamma filed two regular appeals which came to be dismissed. Hence these two regular second appeals.

(3.) THE brief facts of the case are that the Plaintiff claims to be the owner in possession of the suit schedule property on the ground that her husband Sheshagiriyappa purchased the same through registered sale deed dated 21.2.1958 from its previous owner Girijamma w/o H Venkataramaiah. The suit schedule property was situated in Sy. No. 2 of Kambalikoppa village, Sgar Taluk, on 9.8.1989 the suit schedule property is transferred to T.M.C Sagar from Yedjigalamane Mandal Pancahyath and it has given Assessment No. 1629 and that betterment charges of Rs. 2008/ - is also paid to the Municipality by the Plaintiff and katha is also made in her name.