PRABHU BHARAMAPPA PUJAR Vs. MAHESH NINGAPPA SHEREWAD

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellants and learned counsel appearing for the respondents.

(2.) This appeal is filed against the judgment and decree dtd. 28/3/2006 passed in O.S.No.31/1995 by the learned Civil Judge (Sr.Dn.), Haveri in so far as refusing to grant a decree in respect of suit schedule 2(B) properties.

(3.) The factual matrix of the case of the appellants/plaintiffs before the Trial Court is that their father had sold the properties belonging to the family which was not for legal necessity and he was having bad vices and also committed fraud on the family in selling the properties. The defendant No.1, who had purchased the properties took the defence that he is the bonafide purchaser of the suit part 2(B) property for a valuable consideration as contended in para No.8 of the written statement.