VIJAYA ANNAPPA DODAMANI Vs. VASANT BHARAMANNA RAJESH

JUDGEMENT

(1.) In this appeal, the appellants are the legal representatives of the original plaintiff. The appellants are assailing the judgment and decree dtd. 22/3/2006 in R.A.No.87/2004 (R.A.No.118/2000 before the Principal Civil Judge (Sr.Dn.), Belagavi) on the file of the Principal District Judge, Belagavi ,[Hereinafter referred to as 'First Appellate Court'] dismissing the appeal and as such confirming the judgment and decree dtd. 14/3/2000 in O.S.No.229/1988 on the file of the IV Additional Civil Judge (Jr.Dn.), Belagavi,[Hereinafter referred to as 'Trial Court'] dismissing the suit.

(2.) It is the case of the plaintiffs that their father - Annappa Doddamani was the member of the Belagavi Taluka Scheduled Caste and Scheduled Tribes, Cooperative Housing Society Limited, Belagavi,[Hereinafter referred to as 'Society'] and as such he had purchased the shares in the above society and in connection with the same, the society had executed a sale agreement dtd. 27/6/1981 with the father of the plaintiffs. It is stated by the plaintiffs that the plaintiffs have paid the entire sale consideration amount to the above society and accordingly the plaintiffs have been put into possession of the schedule property by the society. It is the grievance of the plaintiffs that the defendants have interfered with the possession of the plaintiffs and as such the plaintiffs had filed suit in O.S.No.229/1988 before the Trial Court seeking relief of declaration with consequential relief of permanent injunction.

(3.) After service of notice, the defendants entered appearance and filed detailed written statement denying the averments made in the plaint. It is the case of the defendants that the land in question is belonging to the defendants and accordingly stated that the plaintiffs have no right, title or interest in respect of the schedule property and as such disputed the claim made by the plaintiffs in respect of the suit schedule property, accordingly sought for dismissal of the suit.