YEDIHALLI KALAKAWARA DURUGAPPA Vs. KODABALU SUDHA AND ORS.

JUDGEMENT

(1.) These appeals have arisen out of the judgment and decree passed in O.S. Nos. 230/97 and 234/97 and R.A. Nos. 40/06 and 41/06 which were pending on the file of Civil Judge (Senior Divn.), Harihar.

(2.) The appellant -Y.K. Durgappa was the 1st defendant in O.S.230/97, a suit filed for the relief of declaration of title and permanent injunction by Smt. Kodabalu Sudha and her children representing her deceased husband -Andanappa. The said suit came to be filed for the above reliefs in respect of land measuring 14.20 acres in Ananthahalli village of Harappanahalli Taluk. Plaintiffs therein had averred that the property in question belonged to Andanappa and after his death, they are in lawful possession and they had to file the suit against the defendants since they were interfering with their lawful title and possession.

(3.) The 1st defendant -Y.K. Durgappa resisted the suit by filing written statement with the specific averment that Andanappa -deceased husband of Kodabalu Sudha chose to execute an agreement of sale in his favour agreeing to sell the entire extent of 14.20 acres in Ananthahalli village for a sum of Rs. 48,000/ - out of which she had received Rs. 46,500/ - as advance. It is also averred that the entire extent of land was handed over to him on 28.4.1988, the day on which the agreement of sale was executed. With these pleadings, he had requested the court to dismiss the suit.