N. VIJAYA LAKSHMI Vs. HONNALI LINGAPPA

JUDGEMENT

(1.) AGGRIEVED by the order dated 16.10.2014 passed by the learned Principal Senior Civil Judge and JMFC, Hospet, whereby the learned Senior Civil Judge has allowed the application under Order 6 Rule 17 of Code of Civil Procedure, the petitioner has approached this Court.

(2.) BRIEFLY stated the facts of the case are that the petitioner claims to be the owner of two properties bearing Door No. 152 in Ward No. 18 and an open site bearing No. 154 (Old Door No. 281) within the Hospet City Municipality. He further claims that he had purchased the said properties under registered sale deeds dated 6.11.1963 and 12.11.1963 from Bimawwa and Balajoji Reddy. On the other hand, the respondent claims to have purchased the same set of properties from Kenchappa, son of Bhimawwa and from Parasappa, son of Hanumanthappa on 9.12.1986. According to the petitioner, the respondent has purchased the properties from the children of the petitioner's vendors. But as they had no title over the properties, they could not have transferred a better title to the respondent. The petitioner further claims that ever since 1963 he is in peaceful possession and enjoyment of the suit properties. However, the respondent started disturbing his peaceful possession. Therefore, the petitioner filed a suit for permanent injunction, namely O.S. No. 335/14 (old O.S. No. 149/2009).

(3.) THE learned Counsel for the petitioner has raised following contention before this Court: - -