R. UDAY KUMAR Vs. ALUMELUMANGAMMA

JUDGEMENT

(1.) This matter is listed for final hearing. Heard the learned counsel appearing for the appellant.

(2.) The case of the appellant/plaintiff before the Trial Court that they have purchased the suit schedule property under a registered sale deed dtd. 8/9/2000 from his lawful vendor for valuable consideration i.e., from T D Hanumanthaiah. From the date of purchase, the plaintiff is in possession of the suit schedule property. Even though the defendants are utter strangers to the suit schedule property, they are trying to interfere with the same, hence, the plaintiff has filed the suit.

(3.) The defendants in pursuance of suit summons, appeared and filed the written statement denying the plaint averments and contended that the plaintiff is not in possession of the suit schedule property and the katha number and boundaries mentioned in the plaint are imaginary one and denied the very title and possession of plaintiff over the suit schedule property. The defendants further contended that the written statement schedule property is the ancestral and joint family property and they are in possession of the same. The said property is surrounded by barbed wire fence. It is the contention of the defendants that plaintiff is trying to interfere with the written statement schedule property. Hence, defendant No.2 filed a suit in O.S.No.772/2001 before the Trial Court. The defendants further submits that there is a house and vacant space belonged to the plaintiff and his brother towards east of the written statement property and the plaintiff taking advantage of the vacant space created the sale deed in collusion with his henchmen.