ABDULLA SAB Vs. HANIFA BI

JUDGEMENT

(1.) THIS appeal filed under Section 96 of CPC is directed against the judgment and decree passed in O.S.No.5286/1999 which was pending at the file of City Civil Court, Bangalore. Suit filed by the plaintiffs for the reliefs of declaration of the title and consequential injunction in respect of 3.00 acres of land in Sy.No.5/4 of Chikkabettahalli Village, Yelahanka Hobli, Bangalore Taluk has been dismissed by a considered judgment passed by the learned XXIV Addl. City Civil Judge, Bangalore, in O.S.No.5286/1999 on 01.09.2006. It is this judgment and decree which is called in question on various grounds urged in the memorandum of appeal filed before this Court.

(2.) ONE Abdulla Sab had filed the above suit and he died during the pendency of the suit and hence his legal representatives came to be brought on record. Respondent No.1 herein was the defendant No.1 in the said suit. Respondent Nos. 2 to 11 herein are the children of the defendant No.1 and her husband, late Ameen Sab. Respondent Nos.12 to 14 herein are the partners of a firm "M/s. AMS Land Developers" who have developed residential sites in Sy. No.5/4 and respondent Nos. 16 to 18 herein were the defendant Nos.16 to 18 are the purchasers of residential sites formed in Sy.No.5/4 and respondent No.19 herein was the defendant No.19 in the said suit represented by its President.

(3.) SRI .Abdulla Sab, the deceased plaintiff's sister is Smt.Haanifa Bi, who is the defendant No.1 in the suit. Her husband was Late Ameen Sab s/o Hussain Sab of Jarakabande Kaaval of Bangalore Taluk. Deceased plaintiff Abdulla Sab and his brother -in -law Ameen Sab s/o Hussain Sab had purchased in all 12 acres of land in erstwhile Sy.No.5 of Chikkabettahalli through separate registered sale deeds from the lawful owners, the details of which are as follows: -