VELU Vs. NAGAPPA

JUDGEMENT

(1.) THIS appeal by the defendant is directed against the judgment and decree passed by the Court of Civil Judge (Sr. Dn.) and JMFC, Bhadravathi in RA. No. 15/2000 dated 22. 8. 2003 allowing the appeal and reversing the judgment and decree passed by the Court of I Addl. Civil Judge (Jr. Dn.) and JMFC, Bhadravathi, in O. S. No. 122/94 dated 15. 12. 99 and decreeing the suit of the plaintiff.

(2.) THE essential facts of the case leading upto this appeal with reference to the rank of the parties before the Trial Court are as follows: the plaintiff filed the suit for permanent injunction against the defendant averring that plaintiff is in peaceful possession and enjoyment of the suit schedule property-site measuring 20' X 35' in sy. No. 222/2 and the same has been allotted to the plaintiff and plaintiff has constructed a house on this site for his residence. He has paid upset price of Rs,. 50/- and revenue records are in the name of the plaintiffs and defendants who have no right, title or interest are trying to interfere with the possession of the suit schedule property and wherefore the suit for bare injunction.

(3.) THE suit was resisted by the defendant. The defendant admitted title of the plaintiff and further contended that the plaintiff has entered into an agreement of sale dated 14. 12. 1989 agreeing to sell the schedule property in favour of the defendant for a consideration of Rs. 16,000/- in favour of Smt. Yashodamma who is the mother of the defendant and has received Rs. 14,000/- as an earnest money and executed agreement of sale, balance amount was to be paid at the time of registration of the sale deed. Smt. Yashodamma the mother of the defendant was put in possession of the property. Smt. Yashodamma has leased portion of the property to one jainabi. Smt. Yashodamma died on 31. 10. 1991. And now the defendant is in possession and enjoyment of the schedule property and defendant is in possession of the property in part performance of the contract under Section 53-A of the Transfer of Property Act and wherefore the suit for injunction is liable to be dismissed.