UMA M.S. Vs. NANDISHAIAH AND ORS.

JUDGEMENT

(1.) THESE appeals have arisen out of the common order passed by the XLIV Addl. City Civil & Sessions Judge, Bangalore, in O.S. No. 2391/14 on 11/9/2014 on I.A. Nos. 1 and 2 filed under Order 39 Rules 1 & 2 of CPC. Appellant in both these cases is the sole plaintiff in the said suit and the respondents are the defendants 1 and 2 in the said suit. Parties will be referred to as plaintiff and defendants 1 & 2, as per their ranking given in the Trial Court.

(2.) PLAINTIFF has filed the suit for the relief of permanent injunction only in respect of the vacant site bearing No. 21, Khatha No. 768 of Rajarajeshwarinagar City Municipal Council having Khatha No. 1091 measuring 50 ft. East -West and 35 ft. North -South, carved out of earlier Sy. No. 45/4 of Mallathahalli Village, Yeshwanthapura Hobli, Bangalore North Taluk. Plaintiff is stated to be in lawful possession and enjoyment of the suit schedule site on the strength of a sale deed dated 28/11/2005 executed by one Renukamma. According to the plaintiff, Renukamma was the absolute owner in possession of the suit schedule property and said Renukamma chose to convey the suit schedule property in favour of the plaintiff and possession was also handed over in her favour. She is stated to be in lawful possession and enjoyment of the same, even to this date.

(3.) LATER on, Nagaraj became the khathedar and got converted the said 1 acre of land to non -agricultural purpose from the revenue authorities vide conversion order dated 5/2/2004 and sold site No. 21 measuring 50' x 35', which is the suit schedule property, in favour of one Rangamaregowda V., through registered sale deed dated 12/4/2004 and he inturn sold the same to one Ramegowda, the vendor of the plaintiff.