G. AMBIKA Vs. CHANDRA

JUDGEMENT

(1.) This Regular First Appeal is filed under Sec. 96 of the Code of Civil Procedure, 1908, with the following prayers:

(2.) The summary of the case of the plaintiff in the Trial Court was that, the suit schedule property which was carved out in the land bearing Survey No.45/4 was originally belonging to one Smt. Thimmakka, W/o. Chikkaramaiah. The said Smt. Thimmakka, joined by her sons, namely, Sri. Gundappa, Sri. Gowri Shankar and Sri. Balappa, registered a General Power of Attorney (hereinafter for brevity referred to as "the GPA") on the date 3/6/1993, in favour of one Sri.L. Venkatesh S/o. Lakshma Reddy, in respect of 26 guntas of land in Sy.No.45/4 of Parappana Agrahara Village, Begur Hobli, Bangalore South Taluk. In turn, the said Sri.L. Venkatesh executed a registered Sale Deed dtd. 23/1/2004 in favour of his wife - Smt. V. Manjula. The said Smt. V. Manjula formed sites in the said land and one among those sites, i.e. site bearing No.72, formed in Sy.No.45/4 of Parappana Agrahara Village, measuring East to West - 40 ft. and North to South - 30 ft., totally measuring 1200 sq.ft. and bounded on the East by a Road, West by Site No.73, North by Site No.67 and South by a Road, was sold to the present plaintiff, under a registered Sale Deed dtd. 1/3/2005. The plaintiff has further contended that since the date of purchase of the suit site by her, she has been in lawful possession and enjoyment of the suit schedule property having put up a construction of a Shed in the suit schedule property and also erecting a compound around the suit schedule property. It is further the contention of the plaintiff that, the same being the case, in the first week of September 2013, when she had been to the suit schedule property, the defendant approached her and claimed his right over the suit schedule site, stating that he has purchased the said suit schedule site on the date 8/8/2013 from one Sri.N. Krishnappa. The plaintiff contended that since the defendant interfered in her lawful possession, she was constrained to file the present suit for the relief of permanent injunction.

(3.) In response to the suit summons served upon him, the defendant appeared before the Trial Court through his counsel and filed his Written Statement. In his Written Statement, the defendant denied the plaint averment to the extent that the plaintiff has been the purchaser in possession of the suit schedule property. On the contrary, he contended that the land in Sy.No.45/4 was totally measuring 02 Acres and was belonging to one Smt. Thimmakka, W/o. Chikkaramaiah. It was during her lifetime, said Smt. Thimmakka formed sites with the help of her sons, namely Sri. Gundappa, Sri. Gowri shankar, and Sri. Balappa. on the date 7/7/1993, the said Smt. Thimmakka, as the absolute owner in possession of the entire land in Sy.No.45/4, measuring 02 Acres and forming sites thereupon, sold the Site No.72, measuring East to West - 30 ft., North to South - 40 ft., in favour of one Sri. N. Krishnappa, by executing a General Power of Attorney (GPA) and affidavit with full settlement agreement, empowering Sri. N. Krishnapa to deal with the said site.