K.VISHWANATHAN Vs. ANUSUYAMMA

JUDGEMENT

(1.) This is a defendant's appeal. The parties are referred to by their rank before the trial court for the sake of convenience.

(2.) It was the plaintiff's case that she was the absolute owner of a residential site bearing no. 20 at Mathikere, Bangalore, measuring about 30 feet East to west and 45 feet north to south, with the following boundaries :

(3.) The defendant had contested the suit. The defendant had, in turn, claimed that he was the owner of site no.20 which he had purchased under a sale deed dated 8.2.1977. He had no claim over the plaintiff's site bearing no.17. The defendant claimed to have constructed a small dwelling unit on the back portion of the site, in the year 1979 and had been living there since then. He had thereafter obtained sanction of plan for a building on the front portion of the site, in the year 1987 and had put up further construction. The erstwhile Bangalore City Corporation had issued Khata and has been collecting taxes in respect of the said property. According to the defendant the claim of the plaintiff is in respect of a site, two sites away from his property to the east .