H.C. JAYARATHNA Vs. GANGANARASAIAH

JUDGEMENT

(1.) PLAINTIFF in O.S. No. 278/1995 on the file of Civil Judge (Jr. Dn.), Gubbi, has come up in this second appeal in challenging the judgment and decree dated 25.08.2006, wherein her suit for declaration and permanent injunction is dismissed.

(2.) THE suit schedule property is 08 guntas of converted land in Sy. No. 53 of Kallipalya village, kasaba hobli Gubbi Taluk, which according to the plaintiff, was sold in her favour by 6th defendant under the registered sale deed dated 29.07.1993. Based on the said registered sale deed, the present suit is filed. In the said suit, defendants 1 to 5 are the persons said to have purchased the suit schedule property under registered sale deed dated 29.07.1991 from 6th defendant.

(3.) AS against the concurrent finding of both the Courts below on facts, this second appeal is filed on the ground that as on the date when the sale deed was executed in favour of plaintiff by 6th defendant, he had already initiated a suit seeking cancellation of sale deed dated 29.07.1991. In that view of the matter, 6th defendant had right to sell the suit property in favour of plaintiff.