CHAYA SHELKE Vs. NANJAIAH

JUDGEMENT

(1.) THE appellants herein are defendants No.6 and 8 in O.S.No.821/2007. Respondent No.1 herein instituted the said suit seeking that the defendants and persons claiming under them be injuncted and the possession of the plaintiff be protected.

(2.) THE appellant No.1 herein who was defendant No.6 though did not choose to file the written statement, has subsequently contended that she is entitled to the property as having purchased the same from defendant No.8. The trial Court framed four issues for its consideration.

(3.) IN the light of the rival contentions, the essential issue which was required to be proved was with regard to possession of the suit schedule property. The plaintiff examined himself as P.W.1 and examined two witnesses viz., P.W.2 and P.W.3. The documents at Exhs.P1 to P11 were relied upon. The defendants examined D.W.1 to D.W.3 and relied upon the documents at Exhs.D1 to D20. The trial Court on analyzing the evidence available on record was unable to accept the case of the plaintiff and accordingly the suit was dismissed.