Y. MANJUNATH Vs. SHIVAMMA

JUDGEMENT

(1.) The present appeal is preferred by the defendant assailing the judgment and decree dtd. 19/9/2023 passed in OS No. 7755/2019 on the file of the XX Additional City Civil and Sessions Judge (CCH-32), Bengaluru, (hereinafter referred to as 'the trial Court'). By the judgment and decree, the trial Court decreed the suit, restrained the defendant by way of permanent injunction from interfering with the plaintiff's peaceful possession and enjoyment of the suit property.

(2.) The plaintiff is the wife of Rajanna. The plaintiff claims title and possession over the suit property based on a registered sale deed dtd. 5/8/1999-Ex.P2 executed by Gangamma as the GPA of G.Yallappa. It is stated that there was a palupatti (partition) on 10/4/1989 between Rajanna and Yallappa, under which the suit property fell to the share of Yallappa and later he has sold the suit property to the plaintiff through his GPA. It is the case of the plaintiff that from that day onwards the plaintiff is in possession and enjoyment of the suit property.

(3.) The case of the defendant is that the suit property is the joint family property jointly owned by Rajanna and Yallappa. Further that the defendant has filed O.S.7860/2014 for partition of 13 guntas in Sy. No. 105/3 and the schedule property of 5 guntas is a part of larger extent of 13 guntas. The defendant denied partition and contended that the documents under which the plaintiff claim possession is fabricated.