MARAKKA Vs. G.HONNANANJAPPA

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the appellants.

(2.) The factual matrix of the case of the plaintiffs before the Trial Court that they have approached the Trial Court to cancel the sale deed dtd. 15/3/2010 executed by defendant No.1 in favour of defendant No.2 and for permanent injunction. The plaintiffs contend that plaintiff No.1 is the widow of late Muniyappa and the plaintiffs No.2 and 3 are the sons of Muniyappa and the said Muniyappa died on 28/12/2011. It is contended that half portion of the suit schedule property is an ancestral property of Muniyappa and other half portion of suit schedule property was purchased by Muniyappa from Rangappa, Govindappa and Basappa under separate sale deeds. Hence, Muniyappa was in possession of the suit schedule property and after his death, the plaintiffs by paying kandayam are in possession of the suit schedule property. It is contended that one Venkataramanappa being the adjacent land owner on the northern side of the suit schedule property illegally constructed the building there. In this regard, Muniyappa instituted O.S.No.85/1999 for declaration and mandatory injunction against Venkataramanappa and the said suit was decreed in favour of Muniyappa on 7/4/2000.

(3.) It is also contended that late Muniyappa preferred execution petition to execute the said decree and on 28/7/2000, the Court passed the orders for demolition of the illegal construction through the Court Commissioner. It is contended that defendant No.1 and late Muniyappa were friends. Defendant No.1 had knowledge of the proceedings in O.S.No.85/1999 and the execution case. As such, Muniyappa requested defendant No.1 to assist him and accordingly, defendant No.1 promised Muniyappa that he would demolish the illegal construction and recover the possession from Venkataramanappa. Then, the husband of the plaintiff No.1 Muniyappa executed General Power of Attorney (GPA) with respect to the suit schedule property on 21/8/2000.