M. ANJINAPPA Vs. K.V. RUDRARADHYA

JUDGEMENT

(1.) This matter is listed for admission today. Heard the learned counsel for the appellants.

(2.) This appeal is filed challenging the judgment and decree dtd. 8/7/2020 passed in R.A.No.10093/2019 (Old No.3/2019) on the file of the IV Additional District and Sessions Judge, Doddaballapura.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that he is the absolute owner of the stone slabs roof house property and vacant site bearing Kaneshumari No.179 and property No.148, measuring East-West - 70 feet and North-South - 40 feet situated at Konaghatta Village, Kasaba Hobli, Doddaballapura Taluk. The khatha of the suit schedule property stands in the name of the plaintiff and he is paying tax over the suit schedule property. It is also the case of the plaintiff that he has constructed a stone slabs roof house measuring 20 x 30 feet on the western portion of the suit schedule property and he was living in the said house along with his family members. The suit schedule property is his ancestral property succeeded from his ancestors. It is his further case that on 4/1/2009, the defendant requested the plaintiff to accommodate in the schedule house for a period of three months as his brother-in-law who was the owner of the house occupied by the defendant has insisted him to vacate the same and to deliver the possession of the said property. It is also the case of the plaintiff that the defendant was living in the house which belongs to his brother-in-law by name Patalappa. There was tussle in respect of the said property between the defendant and his brother-in-law. The defendant to avoid the scuffle and the unnecessary untoward incidents between him and his brother-in- law, requested the plaintiff to accommodate in the schedule house for a period of three months. The plaintiff believing the words of defendant allowed him to occupy the suit schedule property on 4/1/2009. The defendant assured the plaintiff that he will make arrangements for his residence within three months and he will vacate the suit schedule property and handover the possession of the suit schedule property to the plaintiff. The plaintiff accepted the request of the defendant. Though the plaintiff allowed the defendant to occupy the suit property for three months, but no rent was fixed on the suit schedule property as the plaintiff allowed the defendant to occupy the suit property on the humanitarian grounds. The defendant is in permissive possession of the suit schedule property. It is his further case that owing to the personal problems of the defendant with his brother-in-law and to avoid the untoward incidents between them, he was forced to accommodate the defendant in the schedule premises. The defendant has misused the timely help extended by him on the humanitarian grounds and he is squatting on the schedule property illegally. During the month of March, 2009, the plaintiff insisted and demanded the defendant to vacate and handover the vacant possession of the suit property. But, the defendant declined to vacate the schedule premises. Thereafter, the plaintiff convened a panchayath on 20/6/2009 comprising the elders of the village and the panchayathdars have advised the defendant to vacate the schedule premises and handover the same to the plaintiff. But, the defendant has not complied the advise of the elders. The defendant intentionally and deliberately not delivered the possession of the schedule premises. Hence, he has issued the legal notice on 27/6/2009 calling upon the defendant to quit and deliver the vacant possession of the schedule premises. But the defendant strangely given untenable reply and innovated a fake story alleging that there was an agreement of sale in respect of the suit schedule property between the plaintiff and his son-in-law, S.Narayana on 19/2/2004. The defendant has created the fake agreement of sale by forging the signatures of plaintiff to knock off the suit schedule property. The defendant and his son-in-law are in hand in glove to knock off the suit schedule property. Hence, without any other alternative, he has approached the Court by filing the suit.