RAMANCHANDRAPPA AND ORS. Vs. BANDAPPA AND ORS.

JUDGEMENT

(1.) THE case of the plaintiffs is that they purchased the suit schedule land on 02.02.1981 from Smt Thimakka and her sons. Ever since then, they became the absolute owners and are in possession of the same. The defendants having no right, title or interest in the property tried to interfere with the peaceful possession and enjoyment of the same. Hence, they filed the instant suit for declaration and injunction.

(2.) ON suit summons being served, the defendants entered appearance and denied the suit averments. They contended that the sale deed is a sham document. That the plaint schedule property originally belonged to Karuda Rangappa, who had filed a suit in O.S. No. 266/1982, against the plaintiff for declaration and injunction. Rangappa died during the pendency of the suit. Hence, his Legal Representative Smt. Kaduramma i.e., the vendor of the first defendant was brought on record. The suit was partly decreed. The vendor of the property was entitled to half share in the suit property and she was in joint possession and enjoyment of the same.

(3.) BASED on the pleadings, the trial court framed the following issues for consideration: