S. ARUMUGHAM Vs. RAJSHEKHAR

JUDGEMENT

(1.) This Regular Second Appeal is filed by the defendants, assailing the Judgment and Decree dtd. 16/9/2009 in Regular Appeal No.66 of 2004 on the file of the Principal District Judge, Belgaum, confirming the Judgment and Decree dtd. 18/8/2000 passed in Original Suit No.1043 of 1993 on the file of the Principal Civil Judge, (Jr. Dn.), Belgaum, decreeing the suit of the plaintiff.

(2.) For the sake of convenience, the parties in this appeal are referred to with their status and rank before the trial Court.

(3.) The factual matrix of the case are that the plaintiff averred that he is a Member of Shree Rukmini Co-operative Housing Society, Belgaum (for short, hereinafter referred to as the "Society"), and the said Society developed land bearing Survey No.1291/1, 1291/3 and 1032 of Belgaum; Plots were formed in the said land and allotted to the Members of the Society. Plot No.82 had been allotted to the plaintiff and thereafter, the Society executed registered Sale Deed in favour of the plaintiff on 5/5/1986. It is the case of the plaintiff that possession of the suit schedule property was handed over to the plaintiff and thereafter, the plaintiff became the absolute owner in possession of the suit schedule property. It is the further case of the plaintiff that defendants started interfering with the suit schedule property based on the allotment letter said to have been made by the said Society, and as such, the plaintiff filed Suit in Original Suit No.1043 of 1993 before the trial Court against the defendants, seeking relief of declaration that the plaintiff is the owner of the suit schedule property and to declare the agreement dtd. 29/10/1983 between the Society in favour of defendants, as null and void.