R. MUNIRAJU Vs. M. NAGARAJ

JUDGEMENT

(1.) HEARD Shri. D.L. Jagadeesh, learned Senior Advocate, appearing for the counsel for the appellant and Sri. A.G. Shivanna, learned counsel appearing for the respondent.

(2.) THE appellant was the plaintiff before the Trial Court. It is the case of the plaintiff that he, along with his mother who was initially arrayed as the first plaintiff, were the absolute owners of property measuring 4 guntas in land bearing Sy. No. 115/2 of Kathriguppe Village. This, according to the plaintiff, had been retained after selling portions of the property, totally measuring 11 guntas, over a period of time. The property in question is said to have been granted in favour of the father of plaintiff No. 2 and the husband plaintiff No. 1. The particulars of such grant, however, were never disclosed to the court. It is the case of the plaintiff that during the lifetime of his father, a portion measuring 7 guntas of land, out of the total 11 guntas, was sold in favour of Kempegowda House Building Society and thereafter an extent of 4 guntas was retained.

(3.) THE suit was contested by the defendant and it was the defendant's case that the father of the defendant was the owner of land bearing Sy. No. 115/1 measuring 2 acres 15 guntas including 6 guntas of karab land and that at a family partition, the property was acquired by his father, of which one acre was sold in favour of one Mariyappa and another acre was sold in favour of one Narasappa, under registered sale deeds and in the remaining portion of land measuring 15 guntas, the defendant had constructed seven houses in the year 1985 and in one portion, the defendant was residing along with his family and the other portions have been let out to tenants. In this manner the defendant claimed to be in peaceful possession and enjoyment of the suit property. In addition to the said property, it was contended that the defendant had purchased the property measuring 25' x 40' from one Mariyappa under a registered sale deed.