UMA DEVI AND ORS. Vs. SHANTHARAM

JUDGEMENT

(1.) THIS is an appeal filed by the plaintiffs. It was the first plaintiffs case that she was the absolute owner of property bearing No. 157, formed in land bearing survey No. 65 of Chikkalasandra, now known as Sarvabowmanagar, Uttarahalli Hobli, Bangalore South Taluk. It was said to have been purchased by the plaintiff from one Bhoomi Reddy, under a registered sale deed dated 10.9.1980. The said property was said to be measuring 60 feet by 40 feet. The first plaintiff is said to have constructed a small structure on the property. The property was more fully described in the Schedule to the suit.

(2.) IT was alleged that on 15.12.1995, during the absence of the plaintiff, a stranger who was later identified as Shantaram, is said to have trespassed into the suit property and broken open the lock and is said to have put a new lock of his own and occupied the structure on the property. The plaintiff was said to have been threatened with physical harm when she later came there and questioned his actions. She had hence lodged a police complaint. But no action had been taken. Hence the suit.

(3.) THE learned counsel for the appellants contends that the trial court has failed to acknowledge that the copies of sale deeds of the property owners around the suit schedule property clearly disclosed the non -existence of a site bearing No. 156, and hence the refusal of the relief in favour of the plaintiff inspite of the plaintiff claiming under valid documents of title, has resulted in a miscarriage of justice.