A.G. SUNDAR RAJ Vs. NARASINGA RAO

JUDGEMENT

(1.) THESE two appeals arise out of the judgment and decree dated 05.04.2002 passed by the XII Addl. City Civil Judge, Bangalore, in O.S. No. 504/1982 dismissing the suit filed by the plaintiff -appellant in R.F.A. No. 698/2002. The connected appeal R.F.A. No. 1228/2002 is filed by the defendants aggrieved by the findings recorded on Issue No. 5 holding that defendants had failed to establish their lawful possession over the suit schedule property.

(2.) THE suit was filed by the plaintiff -appellant in R.F.A. No. 698/2002 seeking relief of declaration of title and for removal of the unauthorized building put up on the suit property and for a direction to put the plaintiff in vacant possession of the same.

(3.) DEFENDANTS 1 & 2 are husband and wife. 2nd defendant was not arrayed as a party while filing the suit. Although it was pleaded by the 1st defendant -husband that property was purchased by the 2nd defendant and she was the absolute owner of the property and therefore, without impleading her the suit was not maintainable, plaintiff did not implead her for nearly 15 years and it is on that ground that Trial Court has held that the suit against the 2nd defendant who was the owner of the property was barred by time.