BUDEN KHAN AND ORS. Vs. M. LOKESHAPPA

JUDGEMENT

(1.) THE case of the plaintiff is that he is the absolute owner of the suit schedule property, having purchased the same through the registered sale deed dated 09.07.1998 from one Kamalamma. Ever since then, he is in actual possession and enjoyment of the same even though the Khata stands in the name of his vendor. The property originally belonged to one Mallaiah @ Sambaiah, who had purchased the same through a court auction in the year 1929 -30 as per the decree passed in O.S. No. 245/1929 -30. He sold the property in favour of one Seshadri through a registered sale deed dated 01.07.1948. As on that date, the property had khanesumari No. 104 and bounded by its schedule. The said property was sold to the vendor of the plaintiff on 25.02.1987. Due to passage of time, there were changes in the boundaries. Accordingly, the properties purchased by Kamalamma is as narrated in the plaint. That the said Kamalamma has executed GPA on 22.12.1995 in favour of the plaintiff to manage the suit property. Later on, she has sold the same to him.

(2.) THE first defendant alongwith one Habib Khan, attempted to interfere with his possession in the year 1995, which was resisted. The first defendant and Habib Khan, filed a suit in O.S. No. 36/1995, contending that they are the trespassers over a portion of the property. During the pendency of the suit, since Habib Khan died, defendant Nos. 2 to 6 in the suit were impleaded as his Legal Heirs. The seventh defendant at the instigation of the first defendant filed O.S. No. 41/2002, by narrating false boundaries, which included the suit schedule property. On contest, the suit was decreed.

(3.) ON service of summons, defendants entered appearance and denied the suit averments except the proceedings held in O.S. No. 36/1995 and O.S. No. 41/2002. They contended that there is no cause of action to file the suit nor does the court have pecuniary jurisdiction That defendant Nos. 1 to 6 are the owners in possession of the property bearing asst. No. 126, 127 each measuring 228 feet with boundaries as T.M. Road towards south and conservancy towards northern direction. The same has been bifurcated through a partition deed dated 10.02.1956 and from the said date of partition, they are in possession of the properties allotted to their respective shares. The seventh defendant is in possession of the property bearing asst. No. 128 measuring 16 feet x 230 feet having boundaries as main road towards north and conservancy towards south. There are about 25 to 30 houses from Mandagadde Circle to Usmaniya road having conservancy towards northern side The plaintiff having misused his official capacity has created documents. Hence, they pleaded that the suit be dismissed.