B.N.DEVARAJU Vs. SHAKEELA S. SHETTY

JUDGEMENT

(1.) These two appeals are filed challenging the judgment and decree dtd. 13/4/2000 passed in O.S.No.8/1992 and the judgment and decree dtd. 22/4/2006 passed in R.A.No.173/2004 and also the judgment and decree of reversal order dtd. 22/4/2006 passed in R.A. No.7/2002 as against the judgment and decree dtd. 16/1/2002 passed in O.S.No.22/1993.

(2.) Heard the learned counsel appearing for the respective parties.

(3.) The factual matrix of the case of the plaintiff in O.S.No.22/1993 that she has filed the suit for the relief of declaration and permanent injunction contending that the property originally belonged to one Nanjappa D/o Devappagowda. The said property is an undivided Hindu Joint Family property. The said Nanjappa had gifted the said property in favour of his daughter - B N Chandralekha under a registered gift deed dtd. 30/9/1976. One Dr. S Surendra Shetty has purchased the said property from B N Chandralekha for valuable consideration of Rs.18,000.00 under a registered sale deed dtd. 6/10/1980. Dr. Surendra Shetty inturn sold the said property to the plaintiff (Smt. Shakheela Shetty) who is his sister under a registered sale deed dtd. 8/5/1985 for valuable consideration of Rs.20,000.00. The plaintiff had acquired the title and possession of the suit schedule property from his brother Dr.Srendra Shetty. Ever since then, she is in possession and enjoyment of the same without interference from anybody. That on 1/12/1991, defendant No.1, who is the appellant in both the appeals, with his followers tried to trespass into the suit schedule property and damaged the fence by removing the same. The father of the plaintiff who is the GPA holder of the plaintiff lodged a compliant in the police station, Sakaleshapura and subsequently, the plaintiff instituted the present suit for the relief of declaration of title and permanent injunction.