ZAIBUNNISSA Vs. G S AEJAN AHMED

JUDGEMENT

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

(2.) This appeal is filed challenging the judgment and decree dtd. 16/9/2022 passed in R.A.No.9/2019 on the file of the Senior Civil Judge, Gudbande.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that she is the absolute owner in peaceful possession and enjoyment of the suit schedule property acquired under registered sale deed No.282/2006-07 n 18/7/2006 for valuable sale consideration executed by Karnataka State Financial Corporation (KSFC) in an auction by highest bidder. It is also the contention that from the date of sale, she is in possession and enjoyment of the suit schedule property without any interruption and katha also changed in her name by the Town Panchayat of Gudibande. Originally, the suit schedule property was belonged to M/s. Modern Wood Works having place of business at No.1519/31-A of Gudibande represented by defendant No.1 and he raised loan by mortgaging the suit schedule property on 24/6/1993 for Rs.1.25 lakhs in favour of KSFC. Thereafter, defendant No.1 failed to discharge the debt and KSFC sold the suit schedule property on 31/3/2006 under public auction to the plaintiff for highest bidder for Rs.42,000.00 and executed registered sale deed in her favour. It is contended that the defendants have created and concocted the oral gift deed which is not permissible in law. In turn, defendant No.1 has executed registered gift deed No.525/2007-08 on 30/11/2007 at Sub-Registrar of Gudibande. Since, defendant No.1 has no right, title, interest and possession over the suit schedule property. The said gift deed is null and void. On the strength of gift deed defendant No.2 is trying to alienate the suit schedule property in favour of others. It is also contended that defendants are totally strangers to the suit schedule property and they have no any manner of right, title, interest or possession but they unnecessarily interfering with the possession and enjoyment of the suit schedule property. It is also the case of the plaintiff that after filing of the suit, the defendants are trying to dispossess the plaintiff hence, sought for relief of possession.