G BHAGEERATHAMMA Vs. A V SWARNAMBHA

JUDGEMENT

(1.) THE appellant Bhageerathamma, who was defendant -1 in O.S.No.7596/93 on the file of City Civil Judge, Bangalore is questioning the legality and correctness of the Judgement and decree dt.21.3.2006.

(2.) HEARD the counsel for the parties.

(3.) THE deceased 1st respondent Swarnambha was the plaintiff in the suit. She filed a suit to declare that she is the absolute owner of the plaint schedule property. She filed the suit against Bhageerathamma who is the widow of her elder brother late Subbaiah Sastry and defendants -2 and who are also her brothers. According to her, she is the full and absolute owner of the suit property. She purchased the site in an auction conducted by the then City Improvement Trust Board now known as BDA and possession certificate was issued to her on 14.4.1970. The site was auctioned in her favour on 12.12.1966. An agreement was also entered into between her and BDA on 27.10.1969. Subsequently, a registered sale deed came to be executed in her favour on 6.10.1993. It is also her case that she constructed a house on the site purchased by her from the BDA out of the savings of her late husband A.V.Raghava Sharma who was working in Survey of India. Her elder son A.V.Subash Chandra who was working at Canara Bank had died in the year 1982 and out of the savings of her son and her husband the building was constructed by her. Her 3 brothers namely, husband of the 1st defendant and defendants -2 and 3 who were looking after the plaintiff's building have forcibly occupied the property and they are in unlawful possession of the same. Therefore, she filed the suit to declare her as the absolute owner and to direct defendants to deliver vacant possession of the suit property and also to grant a decree for perpetual injunction.