HARITHA Vs. R. MOTHIRAJ

JUDGEMENT

(1.) THIS revision petition is filed by the defendant under Section 18 of the Karnataka Small Causes Courts Act, 1964 (for short, 'the Act'), challenging the judgment and decree dated 06.08.2014 passed by the Small Causes Court, Bengaluru, ordering her ejectment from the suit schedule property with a direction to vacate and hand over vacant possession within 60 days from the date of judgment and decree passed.

(2.) DEFENDANT - revision petitioner is the elder sister of the plaintiff. Plaintiff instituted the suit seeking ejectment of her sister from the premises situated at 9th Cross, Vasanthanagar, Bengaluru, contending inter alia that he was the absolute owner in possession of the property to an extent of 1,467 sq. ft. described in Schedule A, having purchased the same as per registered sale deed dated 24.09.1986.

(3.) WHEN the defendant did not vacate the premises, a legal notice was issued followed by institution of a suit O.S. No. 4671/1999. In the meanwhile, defendant had filed a suit for partition of her 1/5th share by filing O.S. No. 2790/2006. The suit for possession filed by the plaintiff and the suit for partition filed by the defendant were clubbed together and by a common judgment, the Trial Court decreed the suit for partition allotting 1/5th share to the defendant and dismissed the suit for possession filed by the plaintiff. This was challenged in appeal in R.F.A. No. 1124/2009 connected with R.F.A. No. 1124/2009 & 1242/2009. This Court vide its judgment dated 01.10.2012 set aside the decree of partition granted in favour of the defendant holding that she had no right whatsoever in the suit property. However, the Court did not interfere with the dismissal of the suit for possession filed by the plaintiff on the ground that the said suit had been filed on the same cause of action on which the earlier suit O.S. No. 10136/1992 had been filed by the plaintiff, which came to be dismissed for non -prosecution, and therefore, the second suit on the same cause of action was barred.