PUTTANANJAMMA Vs. SIDDASHETTY AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree in R.A. No. 54/2008 (Old No. 6/2005) dated 1.9.2010 on the file of the District and Sessions Judge, Chamarajanagar.

(2.) THE appellant/plaintiff filed the suit O.S. No. 212/1995 against the respondent/defendants for declaration, possession and future mesne profits from the date of the suit till delivery of possession. The suit schedule property belongs to defendant Nos. 1 to 4. They had mortgaged the suit schedule property in favour of Mahadevasetty, son of Siddasetty for Rs. 1,000/ - and the mortgagee was put in possession of the said property. The mortgage deed was registered on 21.3.1975 for a period of five years. On 30.4.1976, the defendants sold the suit schedule property in favour of the plaintiff for a consideration of Rs. 3,000/ -. However, the plaintiff was required to clear the prior mortgage debt. It is further contended that the plaintiff discharged the debt on 15.7.1984 by redeeming the mortgage and took possession of the suit schedule property along with the original mortgage deed. The 5th defendant purchased 1 acre of land in the same survey number from defendant Nos. 1 to 4. The plaintiff is a resident of Ramasamudra, which is situated about 8 miles away from the suit land. Taking advantage of plaintiff's absence from the village, the defendants trespassed into the land and are in possession of the said property. Despite repeated requests from the plaintiff, they have failed to deliver possession of the land.

(3.) THE 5th defendant has filed the written statement contending that he has been in possession and enjoyment of the suit schedule property from the year 1981 and he has been in continuous possession and paying land revenue with the knowledge of the plaintiff and defendant Nos. 1 to 4. He has made the land fit for cultivation by spending huge amount of money. He has been cultivating the land.