BHAGAVVA Vs. YALLAPPA

JUDGEMENT

(1.) This appeal is by defendant No.9, who suffered a decree of declaration of title and injunction. There are two suit properties namely Sy.No.128/1 measuring 5-Acre 16-Guntas out of 11-Acre 16-Guntas on the eastern side and Sy.No.125/1 measuring 1-Acre 24-Guntas out of 13-Acres on the western side.

(2.) The plaintiff claimed declaration of title based on registered sale deed dtd. 29/8/2008 executed by defendant No.1. The basis for the plaintiff's claim is that there was a suit in O.S.No.282/2001. The said suit was compromised on 7/3/2002 and in the said compromise, aforementioned properties are allotted to the share of defendant No.1-Venkanagouda Patil.

(3.) The plaintiff has filed a suit on the premise that there is interference by Venkanagouda Patil-her vendor and his family members and they have colluded to defeat the claim of the plaintiff. Thus, relief of declaration and injunction is sought.