PUTTAMADAMMA Vs. P.R.JANARDHAN

JUDGEMENT

(1.) DEFENDANT in O.S.No.6230/1996 on the file of XVII Additional City Civil Judge, Bangalore City, (CCH-16), aggrieved by the common judgment and decree dated 24.10.2007 in O.S.Nos.6230 and 7004 of 1996 insofar as it relates to the finding on Issue No.1 in O.S.NO.6230/1996 and the permanent injunction restraining her from interfering with the peaceful possession and enjoyment of Site No.62 by P.W.1, has presented this appeal.

(2.) RESPONDENTS through their general power of attorney holder instituted O.S.No.6230/1996 for permanent injunction restraining the appellant, herein, arraigned as defendant, therein, from disturbing the plaintiffs' peaceful possession and enjoyment of house property bearing No.62, formed in Sy.No.67/2 and house property bearing No.63, formed in Sy.No.67/2 of Jaraganahalli Village, Uttarahalli Hobli, Bangalore South Taluk, more fully described in the schedule of properties 1 and 2 to the plaint. It was asserted that one Smt Chinnamma W/o late Raju Naidu acquired the suit schedule properties under two separate deeds of sale, duly registered, of even date 25.8.1965, executed by one Smt Pachamma and another Sri B.Puttabasappa. That Smt Chinnamma is said to have, during her life time, executed a will dated 4.51973 bequeathing the properties in favour of her daughter Smt Nagamma W/o Janardhana, who, on the death of Chinnamma, became the absolute owner of the properties. Smt Nagamma is stated to have died on 6.8.1994 leaving behind plaintiffs 1 to 3 as her legal heirs who succeeded to the properties. The plaintiffs, in turn, have executed general power of attorney in favour of Sri Muneer Ahmed S/o Baseer Ahmed and having been put in possession of the suit schedule properties has been in peaceful possession and enjoyment of the said properties. It is the allegation of the plaintiffs that the defendant/appellant herein interfered with the peaceful possession and enjoyment of the properties and therefore, the suit instituted on 4.9.1996. That suit was opposed by filing written statement dated 17.4.2001 of the defendant interalia contending that the suit schedule properties are vacant site bearing Nos.71/B and 76 (new Nos.) and site Nos.62 and 63 (old Nos.) in Sy.No.67/2 of Jaraganahalli Village, Uttarahalli Hobli, Bangalore South Taluk belonging to one Sri Puttabasappa and Smt Pachamma. According to the defendant, a layout of 76 residential sites was formed in Sy.No.67/2. That Sri Puttabasappa and Smt Pachamma are said to have jointly executed a registered sale deed dated 24.12.1962 in favour of one H.N.Reddy S/o Patel Hanumappa Reddy conveying site Nos.70, 71 and 76. Site No.71/B is said to be situated on the west of Site No.76 and that though H.N.Reddy is the owner of Site No.71 nevertheless in the records of the Sarakki Group Panchayat, it is recorded as Site No.63 and that recording of the numbers 71/B was purely by mistake. That H.N.Reddy is said to have agreed to sell the suit schedule properties under an agreement of sale dated 16.7.1996 executed in favour of the defendant who was put in possession of the properties. The defendant's possession of the suit schedule properties, it is claimed, is on the basis of the agreement of sale and the general power of attorney executed by H.N.Reddy. In para 5 of the written statement, it is stated that one Sri Raghupathi; another Janardhana; and yet another Nagesh the plaintiffs tried to interfere with the defendant's peaceful possession of the suit properties stating that they are the legal representatives of one Smt Nagamma and under a Will are claiming right to the suit schedule properties. It is asserted that with the help of common friends and well wishers entered into a compromise, wherein the defendant paid Rs.3,50,000.00 to the said plaintiffs and an agreement of sale dated 25.5.1996 and the general power of attorney dated 25.5.1996 were executed in favour of the defendant. On the basis of the agreement of sale and general powers of attorney executed both by H.N.Reddy and Janardhana and his brothers plaintiffs, the suit schedule properties were conveyed in favour of P.Shivakumar S/o Puttaswamy under a sale deed registered on 4.10.1996. That Chinnamma had right, title or interest over the suit properties is denied. In addition, it is stated that the defendant/appellant instituted O.S.No.7004/1996 and obtained an ad-interim order of temporary injunction against one Muneer Ahmed-the GPA holder of the plaintiffs.

(3.) APPELLANT instituted O.S.NO.7004/1996 on