VENKATARAMANAPPA Vs. NARASAIAH

JUDGEMENT

(1.) THE appeal filed against the judgment and decree in RA 40/2002 on the file of Civil Judge, Senior Division. Ramanagaram arising out of the judgment and decree in O. S. No. 64/90 on the file of civil Judge, Junior Division, Ramanagaram. The appellant is the defendant. Respondent-plaintiff filed the suit initially for permanent injunction against the defendants not to interfere with the peaceful possession and enjoyment of the suit property. Later on amended the relief for possession. The plaintiff claims title to the property by virtue of the sale deed dated 24-4-1962 at Ex. P. 10 executed by the defendant and claims to be in possession and enjoyment of the property since the date of sale. The defendant categorically denies the execution of sale deed, delivery of possession and payment of consideration.

(2.) THE trial Court decreed the suit and directed delivery of possession. The first appellate Court confirmed the findings in the judgment and decree of the trial Court and dismissed the appeal of the defendant. Hence, the second appeal.

(3.) THE case is at the stage of admission. The parties assisted the Court with necessary documentary evidence and pleadings and argued on merits for final disposal. The following substantial question of law is framed for consideration.