V ARUNA Vs. GOWRAMMA AND ANOTHER

JUDGEMENT

(1.) THIS appeal preferred by the 1st defendant in o. S. 1403/1985 on the file of the 1st Addl. City Civil Judge, Bangalore, relates to alleged sale of a property by the second defendant - House building Co-operative Society Limited in favour of two persons.

(2.) THE suit property is site No. 14 situated in Sy. No. 9 of Gerahalii village in Bangalore North Taluk measuring east to west 30+36 and north to south 40 feet, in all measuring 1320 sq. ft. or 122. 62 sq. meters. The plaintiff (the first respondent) claims to have purchased the said site from the second defendant (the second respondent) Manjunatha House Building co-operative Society Limited by a registered sale deed dated 23-8-1978. She claims that a few days prior to the date of the suit, i. e. , on 20-4-1985, when she visited the site, she found that the first defendant (the appellant), had trespassed over the suit property and had unauthorisedly constructed a small house of about two squares in area on the western corner of the suit property. She therefore instituted a suit for mandatory injunction directing the first defendant to remove the unauthorised structure.

(3.) THE first defendant resisted the claim of the plaintiff denying the claim of the plaintiff that she was the owner in possession and enjoyment of the suit property. She contended that she having purchased site No. 14-A in the said Sy. No. 9 of Gerahalli Village for valuable consideration under a registered sale deed dated 26-8-1981 from the second defendant and having constructed a small house in the said site, had taken electricity connection and was in lawful possession of the property. She therefore sought for dismissal of the suit.