ISSAC, Vs. VAJRAMARTHA

JUDGEMENT

(1.) THESE appeals are directed against the common judgment, dated 16.10.2012 passed by the Court of the XII Additional City Civil Judge, Bangalore in O.S.Nos.4282, 4283 and 4284 of 2009.

(2.) THE facts of the case in brief are that the respondent plaintiff purchased the suit schedule 'A' property by a registered sale deed, dated 14.08.2001 from the legal heirs (sons) of the erstwhile owner late Muniswamy. It is the further case of the respondent plaintiff that the appellants were paying the rent to her power of attorney holder, Mr.Krishnappa. The daughters of said Muniswamy filed O.S.No.2673/2003 seeking partition and declaration that the sale deed, dated 14.08.2001 executed by their brothers is not binding on them. The respondent was the defendant No.3 in the said suit. The said suit proceedings culminated in the compromise whereunder the daughters of Muniswamy recognized the respondent as the absolute owner of the suit schedule property. All the three appellants were examined as the witnesses for the plaintiffs in O.S.No.2673/2003 and they testified that they are the tenants in three portions of the suit schedule 'A' property.

(3.) AS the appellants were not heeding the request of the respondent plaintiff for vacating the suit schedule 'B' property on one or the other pretext, she was constrained to have the notice issued for terminating the tenancy and thereafter to file the three suits.