SERVANTS OF HOLY SPIRIT Vs. B S MANJUNATHA

JUDGEMENT

(1.) THE above appeal is preferred challenging the judgment and decree dated 17.12.2005 passed in O.S.No.428/1996 on the file of the VIII Addl. City Civil Judge (SCCH 15), Bangalore City.

(2.) FOR the sake of convenience, the parties herein are referred to by their respective rank as arrayed in the original suit viz., appellant herein as defendant No.3, respondents No.1 to 4 as plaintiffs and respondent No.5 as defendant No.5.

(3.) THE plaintiffs filed the said suit seeking declaration that they have right to enjoy the suit property and the Usufructs grown in it towards their maintenance by actual, physical possession during the life time of defendant No.4 (now deceased) and they became the absolute owners of the said property after the life time of defendant No.4 as per the settlement deed (gift deed) dated 22.11.1969. Further, they also sought consequential relief to hold that 4th defendant (now deceased) had absolutely no right, title or interest over the said property to execute the sale deed dated 30.04.1971 in favour of 1st defendant, on his behalf and on behalf of plaintiffs and also to hold that the subsequent sale deeds dated 12.12.1973 and 24.06.1981 executed by 1st defendant in favour of 2nd defendant and in turn by 2nd defendant in favour of 3rd defendant as null and void and for permanent injunction restraining he 3rd defendant from interfering with the plaintiffs peaceful possession and enjoyment of the suit Schedule property physically during the life time of the 4th defendant and thereafter possession and enjoyment of the said property by the plaintiffs absolutely after the lifetime of the 4th defendant.