NANDAKUMAR Vs. SUGANDA

JUDGEMENT

(1.) This is an appeal filed by the defendant challenging the judgment and decree dtd. 2/11/2017 in O.S.No.109/2013 passed by the Principal Civil Judge, Belagavi, which was confirmed by the I-Additional Senior Civil Judge, Belagavi in R.A.No.220/2017 vide judgment dtd. 2/11/2018.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Trial Court.

(3.) The brief factual matrix leading to the case are that the plaintiffs have instituted a suit seeking mandatory injunction against the defendant directing him to quit and deliver the actual vacant possession of the suit property bearing V.P.No.100 situated in Laxmi Galli, Halga village. It is asserted that the suit schedule house property was earlier owned and possessed by one Sridhar Mahadev Satwani by virtue of registered sale deed dtd. 30/10/1948 and he was in possession and occupation. It is asserted that the plaintiffs are the daughters of said Sridhar Satwani and on 16/12/2004 he executed a gift deed in favour of the plaintiffs pertaining to suit schedule property. That the defendant is the distinct relative of Sridhar Satwani and as he was in need of residence and as he requested, the plaintiff's father Sridhar accommodated him for his personal use. However, subsequently, the plaintiffs required the suit schedule premises for their personal use and they called upon the defendant to vacate it. But the defendant went on postponing the same. The legal notice was issued to terminate the licence on 13/12/2012 and inspite of receipt of notice, the defendant has not vacated the suit premises. Hence, this suit.