MAYA M H Vs. K P VINOD KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree, dated 10.02.2010 passed by the Court of V Additional City Civil Judge, Bangalore in O.S.No.8484/2002. The parties are referred to as per their ranks in the suit proceedings.

(2.) THE case of the plaintiff in brief is that the suit schedule property was re -granted to his father under Inams Abolition Act, 1954. His father died on 05.12.1990. When he was still a minor, the defendant Nos.2 and 3 acting for the plaintiff, executed the sale deed in favour of the first defendant on 09.04.1992. The plaintiff has filed the suit seeking the relief of declaration and injunction. During the pendency of the suit, the first defendant executed the gift deed, dated 08.09.2006 in favour of the fourth defendant.

(3.) THE defendants were served with the notice. The first defendant did not file the written statement. The defendant No.2 filed the written statement supporting the case of the plaintiff. The defendant No.2 stated that because of the influence exerted by the then Deputy Commissioner of Bangalore Urban District, the sale deed, dated 09.04.1992 came to be executed in favour of the first defendant. The defendant No.3 has filed the memo adopting the written statement of the defendant No.2.