APPASO Vs. SHUSHILA

JUDGEMENT

(1.) Appellant is before this Court being aggrieved by the judgment and decree dtd. 15/4/2021 passed in O.S.No.95/2009 on the file of the learned Principal Civil Judge and JMFC, Nippani (hereinafter referred to as the 'Trial Court'), in and by which the Trial Court decreed the suit for possession and directed the defendant to hand over the vacant physical possession of the suit schedule property within 3 months from the date of the order. Aggrieved by the same, the defendant filed a regular appeal in R.A.No.14/2021 before the learned Senior Civil Judge and JMFC, Nippani (hereinafter referred to as the 'First Appellate Court'). On re-appreciating the merits of the case the First Appellate Court has dismissed the appeal confirming the judgment and decree passed by the Trial Court. Being aggrieved by the same, the appellant is before this Court.

(2.) The aforesaid suit in O.S.No.95/2009 filed by the plaintiff on the premise that the suit schedule property being a house property was her ancestral property belonging to her father namely Sri. Kallappa Naik. That on his demise, the plaintiff being the only legal heir succeeded to the suit property and that she has been in actual possession and enjoyment of the same.

(3.) In response, defendant filed written statement denying the plaint averments. It is a specific case of the defendant that the plaintiff had agreed to sell the suit schedule property being VPC No.135A consisting of dilapidated house and open space and had thus executed an agreement of sale on 26/9/2002 for a sale consideration of Rs.52,000.00 of which the defendant had paid earnest amount of Rs.38,000.00. That the plaintiff had agreed to execute a deed of sale by receiving the balance sale consideration of Rs.14,000.00 on or before 30/11/2002. The defendant had made the payment of Rs.14,000.00 on 20/11/2002 and was thus put in possession of the suit property.