MUNISWAMY Vs. G. VIJAYAKUMAR

JUDGEMENT

(1.) This appeal is filed by the plaintiff under Sec. 96 of CPC challenging the judgment and decree dtd. 23/1/2006 passed by the XXVIII Addl. City Civil Judge, Mayo Hall, Bangalore, in O.S.No.10666/1987 whereby the suit filed for declaration, injunction and recovery of possession has been dismissed.

(2.) For the sake of convenience, the parties are referred to as per their rankings before the trial court.

(3.) The case of the plaintiff is that one M.Muni Reddy was the absolute owner of a Site bearing No.27 formed out of Sy.No.34/IA of Nagasandra Village now forming a part of City Corporation numbered as 22A. The said Muni Reddy has sold the suit property in favour of the Chengalaraya Reddy on 11/12/1961, who in turn sold the same in favour of the plaintiff for valuable consideration on 21/10/1963, which has been duly registered. The further case of the plaintiff is that defendant No.2 is the contractor acting for defendant No.1 and defendant No.1 was trying to erect a structure on the properties without any right. Defendant No.3 has made out a katha in favour of defendant No.1. Therefore, the plaintiff has filed the suit for declaration, injunction and recovery of possession.