R.G. PRASAD Vs. MAHAVEERCHAND M. AND ORS.

JUDGEMENT

(1.) THIS is the defendant's regular first appeal, challenging the Judgment and Decree of the trial Court, which has decreed the suit of the plaintiffs for recovery of possession with damages at the rate of Rs. 15,000 -00 p.m. from the date of the suit till the date of recovery of possession.

(2.) FOR the purpose of convenience, the parties are referred as they are referred to in the original suit.

(3.) THE plaintiffs purchased the schedule property under a registered Sale Deed dated 09.08.1989 from one B.P. Rama Rao, who is none other than the father of the defendant. Khata was transferred to their name and they are paying taxes. On the date of purchase, the defendant was in possession of the schedule property measuring east to west 14 ft. and north to south 25 ft., including open space and garage portion, where he was running a printing press. The plaintiffs allowed the defendant to continue his business on the request of the plaintiffs' vendor. Later, the defendant filed O.S. No. 3649/1989 for the relief of permanent injunction against the father of the plaintiffs and subsequently, withdraw the same. Again he filed another suit in O.S. No. 2716/1995 for the relief of declaration and other reliefs. He filed one more suit in O.S. No. 10164/1996, which was subsequently withdrawn. Later, he filed one more suit for partition and separate possession of the schedule premises against his father and the plaintiffs in O.S. No. 5177/1989. On 17.04.2002, the said suit came to be dismissed. Aggrieved by the same, he preferred an appeal before this Court in RFA No. 853/2002 and the same was dismissed on 14.06.2008. Later the 1st plaintiff filed an eviction petition against the defendant in H.R.C. No. 10680/1990 before the Small Causes Court, Bengaluru. The Small Causes Court allowed the application. Aggrieved by the said order, the defendant preferred revision petition before this Court in H.R.R.P. No. 1043/1988. This Court directed the defendant to deposit a sum of Rs. 32,100 -00 till the disposal of O.S. No. 5177/1989 filed for partition. Therefore, all the legal proceedings initiated by the defendant have been decided and the defendant failed to succeed in all the proceedings.