NAGAMMA AND ORS. Vs. DASE GOWDA AND ORS.

JUDGEMENT

(1.) THIS is a plaintiffs second appeal directed against judgment and decree passed by Principal Civil Judge (Sr. Dn.) & JMFC, Madhugiri, dated 17.04.2010, in R.A. No. 301/2007 dismissing the appeal filed by unsuccessful plaintiff and affirming the judgment and decree passed by Civil Judge (Jr. Dn.) & JMFC, Koratagere, in O.S. No. 275/1993 whereunder judgment and decree dated 23.07.1999 passed dismissing plaintiffs suit for declaration and perpetual injunction came to be confirmed.

(2.) I have heard Sri. Balagangadhar, learned counsel appearing on behalf of Sri. G.S. Venkat Subba Rao for appellant and Sri. G.M. Siddappa, learned counsel appearing for respondents. Facts in brief which has led to filing of this second appeal are as under and parties are referred to as per rank in the trial Court.

(3.) ON service of suit summons, defendant appeared and filed written statement and averments made in the plaint came to be denied except to the extent expressly admitted therein and it was contended by defendant that khatha of suit property has been transferred to the name of defendant and he is in possession and enjoyment of same and khatha transfer proceedings initiated by plaintiff had also resulted in adverse order being passed against plaintiff and other averments made in the plaint also came to be denied. It was specifically pleaded that defendant had purchased the suit schedule property under a registered sale deed dated 25.01.1966 and he is in possession eversince date of purchase and khatha of suit schedule properties has been transferred to defendant's name and he has also sold 20 guntas of land in Sy. No. 37/8 (which is not the subject matter of suit property) to one Sri. Gidadagalahalli Boppanna and he is in possession of said property. All other averments of the plaint came to be denied by defendant.