PUSPHAVATHI Vs. MANJUNATH

JUDGEMENT

(1.) This appeal is preferred by the plaintiff challenging the judgment and decree dtd. 5/11/2016 in R.A.No.56/2013 on the file of the Senior Civil Judge, Siddapur,hereinafter referred to as 'First Appellate Court' dismissing the appeal and confirming the judgment and decree dtd. 12/6/2013 in O.S.No.31/2009 on the file of the Civil Judge, Siddapur, hereinafter referred to as 'Trial Court' dismissing the suit of the plaintiff.

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

(3.) It is the case of the plaintiff that the husband of the plaintiff-Vittal Subramanya Bhatti purchased the suit property from one Ratnabai Pandurang Khatavakar as per registered sale deed dtd. 12/8/1982. The husband of the plaintiff died on 9/11/1988 and as such, the revenue records were mutated in favour of the plaintiff. It is also stated that the defendant had expressed his willingness to occupy the suit property till he gets a suitable accommodation and therefore, the plaintiff, on humanitarian ground permitted the defendant to occupy the suit property. The plaintiff subsequently made a claim for vacation of the said house by the defendant and same was refused by the defendant and as such, the plaintiff filed suit in O.S.No.31/2009 seeking relief of declaration with consequential relief of mandatory injunction directing the defendant to remove the compound wall and to handover the possession of the suit schedule property to the plaintiff.