LAWS(KAR)-2023-7-1282

NARAYAN Vs. PRAKASH

Decided On July 27, 2023
NARAYAN Appellant
V/S
PRAKASH Respondents

JUDGEMENT

(1.) The plaintiff in OS No.399 of 2005 on the file of the learned III Additional Civil Judge (Sr.Dn.), Hubli (hereinafter referred to as 'the Trial Court' for brevity), is impugning the judgment and decree dtd. 30/3/2010 dismissing the suit of the plaintiff for specific performance of the contract and for possession.

(2.) Parties are referred to as per their ranks and status before the Trial Court.

(3.) Brief facts of the case are that, the plaintiff filed the suit OS No.399 of 2005 before the Trial Court against defendant Nos.1 to 3, contending that defendant Nos.1 and 2 and their mother Smt Sulochana are the permanent lessees of the suit property and the owners of the building constructed therein. The suit property is described as building having basement and two floors situated in Ward No.3 of Vikas Nagar, Hubli bearing CTS No.101/28 measuring 146 6/9 square yards.