BABU A. Vs. T.V. RAJESHWARI

JUDGEMENT

(1.) This matter is listed for admission and I have heard the learned counsel for the appellants and learned counsel for the respondent No.1.

(2.) This appeal is filed challenging the order passed by the Trial Court dtd. 5/1/2023 passed on I.A.No.1 in O.S.No.438/2022 allowing the application filed under Order 39, Rule 1 and 2 of C.P.C. directing both the parties to maintain status-quo, till the disposal of the suit.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that, land bearing old Sy.No.148/149, resurvey No.173 of Tumakuru Kasaba Shira Gate, Ward No.2 bearing Municipal Khatha Old No.3849/3235/3823 measuring 336 ft. x 64 ft. (105.95 mtrs. x 19.50 mtrs.) is the suit property herein acquired by the plaintiff from one T.P. Padhmarajaiah and T.P. Brahmaiah, who is the father-in-law of the plaintiff. Originally the same was purchased from one Chinnappa under registered sale deed dtd. 25/1/1947 and said Chinnappa had purchased the same from one Puttannaiah under registered sale deed dtd. 7/8/1912. Even since from the date of purchase, the plaintiff ancestors were in lawful possession and enjoyment and thereafter, the plaintiff has been in possession and enjoyment of the suit schedule property as absolute owner. It is also contended that the land purchased under registered sale deed was a revenue land in Sy.No.148/149 (old) new Sy.No.173 and since the suit property comes within the city municipality, the municipal khatha of schedule property was accepted in the name of T.P. Padhmarajaiah since from the year 1952-53. After the death of said T.P. Padhmarajaiah the same was transferred to the name of T.P.Brahmaiah, who is the father-in-law of plaintiff and Form No.3 was also accepted and after the death of T.P. Brahmaiah the same was transferred to the name of plaintiff. It is also the contention that the western portion of schedule property was leased to run Kerosene business and one tiled roofed house was also let out to the tenant during lifetime of the said T.P. Padhmarajaiah and after they vacated the same as the plaintiff has leased the old house to the tenant and vacant site leased to run Nursery Form for a ground rent and also put up compound with barbed wire-fence.