GIRIJAMMA Vs. SEENAPPA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and also the learned counsel for the respondents in respective matters.

(2.) R.F.A.No.160/2021 is filed against the judgment and decree passed in O.S.No.9741/2006 dismissing the suit filed by the plaintiff who is the appellant before this Court.

(3.) The factual matrix of case of plaintiff/appellant before the First Appellate Court that plaintiff is the absolute owner of the suit schedule property bearing No.1 formed in Sy.No.38, situated at 3rd main, 6th cross, J.P.Nagar, 6th phase, Ramakrishnanagara, Bengaluru which is morefully described in the schedule. The same has been purchased by plaintiff under registered sale deed dtd. 19/8/2006 originally the suit schedule property belongs to Chikkamuniyappa son of Hanumanthappa that is defendant No.1. The defendant No.1 Chikkamuniyappa has executed a power of attorney on 19/5/2006 in favour of plaintiff's husband Narayanappa and also executed the agreement of sale with affidavit and handed over the possession on 19/5/1986 i.e., on the very same day of execution of the documents. In the year 1986, there was a prohibition of registration of revenue sites. Hence, original owner Chikkamuniyappa has executed general power of attorney and affidavit and other documents having received the sale consideration. The plaintiff's husband was put in possession of the suit schedule property and he has been continuously in possession and enjoyment of the suit schedule property without any disturbance. The plaintiff's husband Narayanappa has executed registered sale deed in favour of plaintiff. The plaintiff's husband Narayanappa has invested his hard earned money for the purpose of construction of residential house and he has obtained permission from the Panchayat and also obtained electrical and telephone connection.