B PRADEEP Vs. N N SREENIVAS

JUDGEMENT

(1.) The appellant herein is the third defendant in O.S.No.8649/99. The suit in question was filed by the first respondent herein as the plaintiff seeking initially for the relief of declaration and permanent injunction. Subsequently, the plaint has been amended and the relief of possession was also sought as an alternate prayer. The defendants No.2 and 3 had opposed the suit of the plaintiff. The Court below after considering the rival contentions has decreed the suit on 24.11.2009. The third defendant claiming to be aggrieved by the said judgment and decree is before this Court in this appeal.

(2.) The parties would be referred to in the same rank as assigned to them before the trial Court for the purpose of convenience and clarity.

(3.) The brief facts which resulted in the filing of the suit is that the plaintiff claims that he had purchased the suit schedule property from the Chamarajapet Art Silks Handloom Weavers and Exporters Association, Bangalore (for short the Association ) under a registered sale deed dated 01.02.1985. It is the case of the plaintiff that he was put in possession of the property and was in enjoyment as the beneficial owner of the property in question. According to the plaintiff, on 10.11.1999, when there was certain interference with regard to his enjoyment and possession of the property, the plaintiff made necessary inquiry at that stage and he was informed that the defendants are attempting to interfere with his possession claiming that the first defendant had also purchased the property from the said Association under a sale deed dated 20.12.1989. The third defendant thereafter claimed to have purchased the property under a sale deed dated 21.10.1999. In such circumstance, it is the case of the plaintiff that he having purchased the property as far back as on 01.02.1985 was entitled to the said property and no person claiming right under the subsequent documents can interfere with his right. The plaintiff had instituted the suit initially claiming that he is the owner of the property and the same be declared based on the sale deed dated 01.02.1985 and his possession also be protected by grant of injunction. However, in view of the contention urged by the defendants, the plaintiff ultimately amended the plaint to seek for the alternate relief of possession.