RAMAKRISHNAPPA M Vs. KEMPAMMA

JUDGEMENT

(1.) The appellant, who was the defendant in OS No. 7S5 of 1972 on the file of the Addl. First Munsiff, Bangalore has preferred this second appeal against the judgment and decree dated 21-1-1973 of the I AddL Civil Judge, Bangalore, In RA No. 161 of 1974 on his file by which he has set aside the jadgment of the Monsiff and has decreed the plaintiff's suit. The respondent herein was the plaintiff in the suit.

(2.) IB the suit she had filed, the plaintiff claimed reimbursement of the sale price of R.S. 1,000 paid to the defendant under a registered sale deed Ex. P.1, dated 22-5-1964 executed by him in her favour, plus interest on the said turn at 6% pey annum from that date upto 31-1 1972, thus, in all amounting to Rs. 1,546, with Court costs and future interest.

(3.) Her case was that making her believe that he was the owner In possession of a plot of land-site (fully described in the plaint), the defendant had executed the aforesaid sale deed in her favour obtaining the consideration mentioned above ; that, in the year 1970, when she and her husband, after making necessary financial arrangements, proceeded to construct a building on this site they came to know, on being told, that the site and the surrounding area had been acquired by the City Improvement Trust Board, Bangalore, long prior to the execution of the said sale deed and that the executant had no title to convey the same in her favour ; that she thereafter got issued a notice to the defendant to reimburse the sale price from him ; aad that since there was no response from him she had brought this suit for the aforesaid reliefs.