SMT. SHIVARUDRAMMA Vs. V.S. GURUPRASAD

JUDGEMENT

(1.) Defendant in SC No. 1203 of 2013 on the file of I Additional Judge, Court of Small Causes, Bangalore, has come up in this revision petition impugning the judgment dated 26-4-2016, wherein suit filed by the plaintiff for an order of eviction is decreed in directing the defendant to quit, vacate and deliver vacant possession of the suit schedule property to plaintiff-landlord.

(2.) Brief facts leading to this revision petition are as under: Plaintiff is claiming that he is the owner of property bearing No. 2, formed in Katha No. 173, which had erstwhile Sy. No. 6/2A of Srigandada Kaval Village, Yeshwanthpura Hobli, Bangalore North Taluk. It is the case of plaintiff in the Court below that one Ramaswamy Iyer was the owner of property bearing Sy. No. 6/2A, bearing Katha No. 173, which measures to an extent of 18 guntas. Subsequently, Anantha Subramanya and A.V. Subramanya, son and grandson of said Ramaswamy Iyer sold the said land in favour of one Geraga Muniyappa in 1960 under a registered sale deed, which is not disputed by both the parties.

(3.) Both parties admit that Geraga Muniyappa, who acquired 18 guntas of land in aforesaid survey number had formed a private layout on said land and sold the sites formed thereon to various persons by executing agreements of sale executed in their favour and to further strengthen their claim over the property, it is stated that he has executed General Power of Attorney with reference to each site, which is sold in favour of various persons.