HONNUR SAB Vs. AMINABI W/O HONNURSAB SHAIKH

JUDGEMENT

(1.) The present Second Appeal is filed under Sec. 100 of Code of Civil Procedure, 1908 [Hereinafter referred to as 'CPC'] by the plaintiffs challenging the judgment and decree dtd. 29/3/2006 passed in R.A. No.30/2000 by the Addl. Civil Judge (Sr.Dn.), Ranebennur [Hereinafter referred to as the 'first appellate Court'] and the judgment and decree dtd. 31/3/2000 passed in O.S No.191/1994 by the Additional Civil Judge (Jr.Dn.) & II Additional JMFC., Ranebennur, wherein the suit for declaration and possession has been partly decreed by the trial Court ordering that the plaintiffs are entitled for possession of the suit property which has been set aside by the first Appellate court and the suit of the plaintiff was dismissed.

(2.) For the sake of convenience, the parties herein are referred as per their rank before the Trial Court.

(3.) It is the case of the plaintiff that he purchased CTS No.3322-C + 3371/A-3 measuring 13.94 sq.meters of Tennur Village in Ranebennur Taluk vide registered Sale Deed dtd. 30/5/1990 (erroneously mentioned as 30/3/1990 in the judgments in RA No.30/2000 and OS No.191/1994) for a total sale consideration of Rs.12,000.00 from one Shabuddin Abdul Sattarkhan, Smt. Kamarunnisha kom Shabuddin Roufkhanavar and Akbar Khan S/o. Shabuddin Roufkhanavar. That after purchasing the suit property, he is in possession and enjoyment as its owner.