A.R. BASAVARAJAPPA Vs. NARAMMA AND ORS.

JUDGEMENT

(1.) Divergent judgment passed by the learned judge of first appellate court in Fast Track Court -I, Davanagere, in R.A. 126/04 is called in question.

(2.) The appellant was plaintiff in an original suit in O.S. 197/97, a suit for declaration of title and permanent injunction relating to 1.15 acres of land in Survey No. 35/1 of Echagatta village, Mayakonda Hobli, Davanagere Taluk. His case is that he is in possession of the said land on the strength of a registered sale deed dated 28.8.1996 executed by the 6th defendant -Ekanthappa who had in turn purchased the same from Revanasiddappa, son of Revanna by means of a registered sale deed dated 10.1.1994. Since defendants 1 to 6 interfered with his lawful possession, he was constrained to file the suit for declaration of title and permanent injunction.

(3.) The 5th defendant alone filed written statement denying all the material averments in the plaint, and called upon the plaintiff to strictly prove the contents of the plaint. According to him, his father -Siddappa had borrowed some loan from Kariyayppa and had executed a nominal sale deed in his favour without handing over possession to him. It is his case that a document had been executed as a security for the loan availed and at no point of time, possession had been handed over. According to him, his father was in possession of the property till his death and he i.e., plaintiff has inherited the same subsequently.