MAHADEV Vs. M.A. MEERA

JUDGEMENT

(1.) THE concurrent findings of the Courts below are called in question by the appellant in this regular second appeal.

(2.) THE facts leading to this appeal are as hereunder: Respondent filed the suit in O.S. NO. 1046/2005 on the file of V Additional First Civil Judge (Jr. Dn), Mysore, against the appellant herein to declare her as an absolute owner of the suit property and for possession and damages.

(3.) THE defendant contested the case. According to him, Smt Tangachamma was the owner of the property. She had inducted one N.R. Venkatesh, as her tenant and N.R. Venkatesh in turn inducted the defendant and that he was collecting the rent at the rate of Rs. 20/ - per month. He has denied the execution of the sale deed in favour of Smt Shakunthala and others. According to him, he is not aware of the sale deed executed by Smt Shakunthala and others and that the plaintiff has no right, title and interest over the suit schedule property. N.R. Venkatesh enjoyed the property from the date of death of Smt Tangachamma and after the death of N.R. Venkatesh, the defendant is enjoying the property and that he is in possession of the property for more than 30 years continuously, uninterruptedly and without any kind of hindrance whatsoever from anybody. Therefore, he acquired the title to the said property. In the circumstances, he requested the Court to dismiss the suit.