PARAMESHWARAPPA Vs. JAYAPPA

JUDGEMENT

(1.) This matter is listed for admission and I have heard the learned counsel for the appellant.

(2.) The factual matrix of the case of the appellant/plaintiff before the Trial Court while seeking the relief of partition, separate possession, declaration and injunction is that suit item No.1 of the property is the joint family property of plaintiff and defendant Nos.1 to 5. It is contended that item Nos.2 and 3 of the suit schedule properties were got allotted to plaintiff under oral partition. Hence, he filed the suit and sought for the relief of declaration and permanent injunction.

(3.) On the other hand, the defendant No.1 contend that item Nos.2 and 3 were allotted to their father under oral partition and the contention of the plaintiff that sale deed dtd. 25/6/2014 is not binding on him and it is null and void cannot be accepted. It is further contended that the defendant No.5 is the bonafide purchaser and item No.2 of the property.