H.M. RAMACHANDRA Vs. J.A. GOPALA GOWDA

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent. This matter was heard in part earlier and today heard in full.

(2.) The factual matrix of the case of the plaintiff before the Trial Court is that, at the first instance he only sought for the relief of permanent injunction and when the defendant filed the written statement contending that an agreement of sale and registered GPA was executed in favour of the defendant, suit is filed for the relief of declaration and prayer also in the plaint is to declare that the plaintiff is the owner of the suit schedule property and the GPA and sale agreement referred by the defendant in his written statement are concocted, got up, illegal and the same be cancelled and unenforceable and also sought for recovery of possession of the plaint schedule property from the defendant and grant the relief of permanent injunction.

(3.) The Trial Court having considered the pleadings of the parties framed the following issues: