RAMAKRISHNA S/O SHIVANNEGOWDA Vs. K.T. SUJATHA

JUDGEMENT

(1.) THIS second appeal was filed for determination of following substantial question of law: "Whether the Court below was justified in reversing the judgment and decree passed by the trial Court in the absence of legally acceptable document of title to the suit schedule property by the respondent in this appeal? 

(2.) THE brief facts necessary to answer the above substantial question of law may be stated thus: The suit schedule property is a vacant site situate at Manchegowdana Koppalu, Devaraja Mohalla at Mysore, within the peripheries of Mysore City. The suit site measures East to West 60 feet, North to South 40 feet, bounded on: East by : Property belonging to MUDA (Mahajana House Building Co -operative Society) West by : Private Property North by : Private Property South by : Road

(3.) THE defendant resisted the suit, inter alia contending that he is the absolute owner in possession of suit schedule property having acquired the same under an unregistered sale deed executed on 06.11.1982 from his vendor namely Channegowda. The trial Court on appreciation of evidence adduced by plaintiff and also noticing the non -production of title deed by plaintiff has dismissed the suit. Therefore, plaintiff was before I -appellate Court.