MUNIYAMMA Vs. SOMASHEKAR

JUDGEMENT

(1.) Heard Sri. H.R. Anantha Krishnamurthy, learned counsel for petitioners in HRRP 293/2010, 290/2010, 291/2010, 292/2010, 294/2010 and Sri. H. Ramachandra, learned counsel for petitioners in HRRP 325/ 2010, 327/2010 and Sri. N. Vasudevan, learned counsel for first respondent in these revision petitions.

(2.) The second respondent namely, Muniyamma impleaded herself and contested the eviction petitions. It is the case of Somashekar that he had purchased the suit schedule property (larger part of schedule premises) from it's previous owner Muniyappa, S/o. Muni Veerappa represented by his General Power of Attorney holder Gowramma (who is none other than mother of Somashekar). The tenants herein disputed title of Somashekar. Smt. Muniyamma got impleaded as second respondent and she contested eviction petitions inter alia contending 'that the schedule property was acquired by Muni Veerappa (her father-in-law). The said Muni Veerappa had two sons namely Muniyappa and Muniswamy (husband of Muniyamma) Muniswamy-husband of Muniyamma predeceased his father. After the demise of Muniswamy, Muni Veerappa (father-in-law of Muniyamma) had given schedule properties to Muniyamma under maintenance deed dated 20.06.1991. Since then, Muniyamma is in lawful possession of schedule property. Therefore, Somashekar is not the lawful owner of schedule property. The vendor of Somashekar namely Muniyappa had neither title nor possession over schedule property to transfer the same to Somashekar. Muniyamma has denied the execution of Power of Attorney in favour of Gowramma (mother of Somashekar) and execution of sale deed by Gowramma in favour of Somashekar.

(3.) At the first instance, eviction petitions were allowed. Therefore, the tenants were before this Court in HRRP 313/2007, 314/ 2007, 315/2007, 308/2007, 310/2007, 307/ 2007, 306/2007 and 309/2007. This Court by order dated 03.02.2009 noticing judgment made in O.S. No. 6807/1997 and also non-production of deed of Power of Attorney executed in favour of Gowramma remanded the matter for reconsideration and permitted both parties to lead additional evidence and directed the trial Court to pass orders afresh on merits. After the remand, Somashekar produced the deed of power of attorney stated to have been executed by the original owner Muniyappa, S/o Muni Veerappa in favour of Gowramma as per Ex. P18.