KALAVATHI Vs. K. VIJAYALAKSHMI AND ORS.

JUDGEMENT

(1.) HEARD the learned Counsel for the appellant and the learned Counsel for the respondents.

(2.) THE appellant was the decree holder in a suit for declaration of title. The appellant had filed a civil suit in O.S. No. 2941/2009 against one Vijayalakshmi seeking a declaration of title that he is the absolute owner of property bearing site No. 45 formed in Survey No. 33, house list khata No. 812, new khata No. 810/812 of Banaswadi village, Krishnarajapuram Hobli, Bangalore East Taluk, now under the jurisdiction of the Bruhat Bengaluru Mahanagara Palike (BBMP). The site measured east to west 60 feet and north to south 20 feet bounded on the east by site No. 43, west by Gowramma's property, north by road and south by site No. 35.

(3.) FROM a bare perusal of the order passed by the trial court, it is evident that the court below has been influenced by the fact that there are incidental documents, such as, the revenue records standing in favour of the respondents 2 and 3 and that they were in occupation of the property even prior to the filing of the suit, which has prompted the court below to hold that there was suppression of facts. It is also found that the manner in which Vijayalaskhmi was set ex -parte and the proceedings had gone on notwithstanding that the appellant claimed to have been dispossessed by Vijayalakshmi in the year 2005 and the appellant chosen to file a suit for reclaiming the property only in the year 2009 was not in keeping with the normal human conduct of a party, who has lost his property and has therefore, come to a conclusion that the application was to be allowed.