SUNDRABAI Vs. R. ANANTHRAM SINGH

JUDGEMENT

(1.) This appeal is filed under Sec. 100 of Code of Civil Procedure, 1908 (henceforth referred to as 'C.P.C.') by the plaintiff challenging the Judgment and Decree of the Courts below in O.S. No. 33/1996 and R.A. No. 11/2002.

(2.) The plaintiff claimed that the suit property which is a vacant site measuring 81 ft. x 90 ft. was owned and possessed by her, having derived it in terms of a gift deed executed by her brother Bhagavan Singh who was tenant of original jodidars of Bhavanahalli village. It is claimed that the defendants who are residents of the same village, though not concerned with the plaintiff's family were trying to take forcible possession of suit schedule property. Hence, plaintiff filed the suit for declaration of her title to the suit property and for consequential relief of perpetual injunction.

(3.) The suit was contested by the defendants, who claimed that the suit property was assessed in the records of village panchayat as property No. 193/new number 23. They claimed that their father, Ramsingh had purchased it in terms of a sale deed dtd. 29/6/1952 from one Syed Gafar, Mirja Ali, Syed Mohammed, Syed Hussain, B.H. Bhavani Singh, B.H. Govinda Singh, B. Narayanasingh, B. Shamsingh and others. They also claimed that after the death of their father, their names were entered in the Tax Demand Register and that they had paid the property tax to the Panchayat. They also claimed that they were in possession of suit property and since the plaintiff and her sons were attempting to enter into possession of the suit property, they filed O.S. No. 505/1995 where an order of temporary injunction was granted against the sons of the plaintiff. Hence, they claimed that plaintiff had no manner of right, title or interest over the suit property. Based on these contentions, the Trial Court framed the following issues :