VIJAYA Vs. BASANAGOWDA SHANKARAGOWDA PATIL

JUDGEMENT

(1.) THIS is an appeal under Section 96 of the CPC filed by the defendant challenging the judgment and decree drawn against her by the learned II Addl. Civil Judge (Sr.Dn.), Belgaum in O.S.No.285/2003. Appellant is the defendant and respondent is the plaintiff in the said suit. The parties will be referred to as plaintiff and defendant as per their rank in the trial Court.

(2.) SUIT was filed for the relief of declaration to the effect that, the sale deed dated 27.12.1973 executed by one Vijay Yallappa Patil, the so -called General Power of Attorney holder of the plaintiff, in favour of the defendant on 06.05.2000 and registered on 06.06.2000 is not binding on him and for the consequential relief of injunction. The said suit has been decreed by the learned Senior Civil Judge after recording the evidence of PW1. It is this judgment and decree, which is called in question on various grounds as set out in the appeal memo.

(3.) PLOTS No.18 and 19 together measuring 80 east -west on the northern side, 76 on the southern side and 61 northsouth situated at RS No.48/1C and 48/1D of Shahunagar Kangrali B.K. Belgaum, is stated to be the absolute property belonging to the plaintiff. It is his case that, he had purchased the same from Smt. Hirabai Dattathreya Jadhav and others, who are the original owners, through a registered sale deed dated 27.12.1973 for a consideration of Rs.5,000/ -. Since then he is stated to be in lawful possession and enjoyment of the suit schedule property. He is stated to have got the property converted for the non -agricultural purpose. Since the defendant stated denying his title and possession, he had to file a suit for the reliefs of declaration of title and permanent injunction.