MURALIDHAR .R Vs. LEELA PRABHAKAR RAO

JUDGEMENT

(1.) These appeals are heard and disposed of by this common judgment, having regard to the facts and circumstances. The parties are referred to by their rank before the trial court, for the sake of convenience.

(2.) The plaintiff is common in both the appeals. In appeal no. RFA.1324/2009, arising out of the judgment and decree in O.S.No.4514/1995, passed by the Court of the City Civil Judge, Bangalore, it was the plaintiff's case that his father had purchased three house sites culled out of land bearing survey no.15/1 of Kathriguppe village, Bangalore South Taluk, from one Lakshmidevamma, under a sale deed dated 12.6.1960, each site measuring 30 feet by 50 feet, the same was more fully described in the schedule to the suit as item no.1. The father of the plaintiff is said to have died in the year 1974. The plaintiff is said to have thus inherited the property.

(3.) The connected appeal in RFA 1160/2009 is preferred against the judgment and decree in the suit in O.S.No.15828/2006, passed by the Court of the City Civil Judge, Bangalore. This suit was filed even during the pendency of the suit in O.S.No.4514/1995, aforesaid. The very plaintiff while claiming title to the same property that was involved therein, alleged wrongful interference by the defendants who were said to have commenced to drill a borewell and started to lay the foundation for a compound wall. The plaintiff claimed to have paid betterment charges in respect of the property to the Bangalore Mahanagara Palike as on 28.8.1999 and is said to have constructed a small house on sites bearing nos.434 and 435. It was claimed that site no.433 was kept vacant for further development. The receipt issued by the BMP is said to have reference to site numbers 143, 144 and 145 (original numbers 433, 434 and 435). It was also claimed that later a single number had been assigned, as No.6 for the area comprising the above said three sites, totally measuring 90 X 50 feet.