M.C. SMITHA Vs. G. SRINIVAS

JUDGEMENT

(1.) THIS appeal is directed against the order dated 27.04.2015 passed by the Court below allowing I.A. No. 1 filed by the plaintiff/respondent herein and granting an order of status -quo directing the parties to maintain status -quo in respect of suit schedule property, as it obtained on the date of order.

(2.) APPELLANT is the defendant in the suit. The said suit has been filed by the respondent seeking a decree of permanent injunction to restrain the defendant from interfering with the lawful and peaceful possession of plaintiff over the suit schedule property. The suit schedule property is described as property bearing No. 145 carved out of Sy. No. 120 (old No. 10), Kathriguppe Village, Uttarahalli Hobli, Srinivasanagar, Ward No. 54, Bengaluru South Taluk, measuring 40 x 45 feet consisting of 1 sqr. sheet house.

(3.) ON receipt of suit summons and notice on interlocutory application, defendant appeared and resisted the suit contending inter alia that Bengaluru Development Authority (for short 'BDA') had acquired lands comprised in Sy. Nos. 18 to 23, 25 to 28 and 30 to 32 and formed residential layout. Site No. 306, I Main Road, Ward No. 5, Srinivasanagar, was allotted to the father of defendant one Sri S. Chandra Mohan. A registered sale deed was executed on 26.12.1996 by the BDA in favour of defendant's father. Khatha of the suit property was transferred in his name. Defendant's father thereafter gifted the suit property to the appellant/defendant herein vide registered gift deed dated 01.12.2010. Thus, the defendant came in possession of the property and became the absolute owner of the same. It was contended by the defendant that khatha of the suit property was also transferred in her name and she has been paying the property tax.