YESHODA Vs. H N ANNAYAPPA

JUDGEMENT

(1.) This regular second appeal is preferred challenging the judgment and decree dated 29.09.2010 passed by the learned Presiding Officer, Fast Track Court-III, Bangalore Rural District, Bangalore thereby dismissing R.A.No.261/2009 while confirming the judgment and decree passed in O.S.No.507/2004 on 13.10.2009.

(2.) The appellant herein was the plaintiff before the trial Court. She had filed the suit seeking declaration that the orders passed by the revenue authorities particularly the Assistant Commissioner and the Deputy Commissioner in respect of the extent of land purchased by her was null and void. She further sought for a declaration that she was the owner of the suit schedule property totally measuring 41 guntas and not 30 guntas as mentioned in the sale deed under which she had purchased the property. It was the contention of the plaintiff that in the 3 successive sale deeds under which the suit property was sold in favour of herself and her vendors, the survey numbers and the extent of land had been wrongly mentioned thereby resulting in the plaintiff being shown as owner of 30 guntas of land comprised in Sy. No.5/13 instead of showing that she had purchased 41 guntas of land in Sy. Nos. 5/3 and 5/4.

(3.) It is relevant to notice here that the plaintiff purchased 30 guntas of land comprised in Sy. No.5/13 on 01.01.1980 as per the registered sale deed executed in her favour by her vendor one Ganga Naidu. It is also relevant to notice that the said Ganga Naidu had purchased the 30 guntas of land which is the subject matter of the present suit from one Annayyappa (defendant-respondent herein) by sale deed dated 10.05.1972. The said Annayyappa in turn had purchased the property from one Rajanna. It is not in dispute that even in the sale deed dated 10.05.1972 the vendor of the plaintiff had purchased 30 guntas of land comprised in Sy. No.5/13.