KANTHARAJU Vs. YOGESH

JUDGEMENT

(1.) This appeal is filed under Sec. 96 of the Code of Civil Procedure challenging the judgment and decree passed in O.S.No.6518/2006 dtd. 8/10/2010 by the XXIV Additional City Civil & Sessions Judge, Bengaluru City (CCH No.6), wherein the appellant's suit for permanent injunction was dismissed with costs.

(2.) For the purpose of convenience, the parties are referred to as per their ranking before the trial Court. The appellant was the plaintiff and respondents were the defendants before the trial Court.

(3.) (a) The case of the plaintiff is that land bearing Sy.No.52, measuring 2 acre of Malagalu Village, Yeshwanthapura Hobli, Bengaluru North Taluk, came to be purchased by one G. Kempaiah and his brothers under the registered sale deed dtd. 14/1/1959 and pursuant to the sale deed, the name of G. Kempaiah came to be entered in the revenue records. It is averred that the sons of Sri. G. Kempaiah i.e. Krishnamurthy and D. Narayana have formed the private layout and sold the sites in favour of the different persons. It is further averred that the children of G. Kempaiah sold site No.67 in favour of Smt. Gangamma by executing General Power of Attorney and also an affidavit by putting her in possession of the property and the said Gangamma offered to sell half site and the plaintiff agreed to purchase the same for valuable consideration and accordingly purchased. It is also averred that the plaintiff has applied for katha in the Bruhat Bengaluru Mahanagara Palike (for short 'BBMP') and thereafter, the plaintiff has demolished a shed which existed in the suit schedule property as he intend to put up the construction.