D.H. ISHWARSA Vs. SHA JEETHMUL KHEEMRAJ PATWA

JUDGEMENT

(1.) Plaintiff in O.S.No.9115 of 1999 on the file of IX Additional City Civil and Sessions Judge at Bengaluru (C.C.H.5) has challenged decree and Judgment passed in the said suit dtd. 14/12/2009 in the present appeal.

(2.) The parties herein are referred to as per their ranking before the Trial Court for the sake of convenience.

(3.) Plaintiff had filed the suit for the relief of declaration, mandatory injunction as well as perpetual injunction. The contentions of the plaintiff are that, he is the owner of the property bearing old No. 122 and new No. 37/1 of Bengaluru, situated at Achar Street, B.V.K.Iyengar Road, Chickpet, Bengaluru-53. The said property was originally belonging to their family and it was inherited by great grandfather of plaintiff. During the year 1968, plaintiff's grandfather inherited the said property by virtue of registered partition dtd. 15/2/1968. During the year 1975, the said property was again divided between plaintiff's father and his brothers along with the plaintiff and the said partition was effected by registered partition deed dtd. 16/5/1975. In the said partition the suit schedule property was allotted to the share of plaintiff.