ALLAMAPRABHU Vs. BABURAO

JUDGEMENT

(1.) THIS appeal is filed by the plaintiff who had filed o. S. No. 205/2002 on the file of the Addl. Civil Judge sr. Dn) Jamkhandi, seeking a judgment and decree against the defendant/respondents for declaring Sale Deeds dated. 12-2-2001, executed by the defendant No. 1 in favour of defendant No. 2, as illegal, null and void in respect of suit properties and an order of perpetual injunction against defendant Nos. 1 to 6, not to dispossess the plaintiff from the suit properties. The said suit was dismissed by the trial Court. Aggrieved by the said judgment and decree, the plaintiff has filed this appeal.

(2.) WE have heard the learned counsel for the appellant. For the sake of convenience, the parties shall be referred to in terms of their status before the trial Court.

(3.) ACCORDING to the plaintiff, defendant No. 1 is his younger brother and defendant Nos. 2, and 4 are the purchasers of suit lands bearing R. S. No. 10/1, measuring 5 guntas; R. S. No. 11/1, measuring 7. 02 acres and R. S. No. 30/3 measuring 06 guntas, in which defendant no. 1 has half-share in four-fifth of the said lands. Similarly fifth defendant is also purchaser of lands bearing R. S. No. 14/1, measuring 5. 05 Acres; R. S. No. 14/3, measuring 05 Acres, and R. S. No. 13/3 measuring 3. 27 acres, in which defendant No. 1 has half-share in four-fifth of the said lands. Sixth defendant is purchaser of lands bearing R. S. No. 13/1, measuring 13. 37 Acres; R. S. No. 11/2, measuring 7. 36 Acres in which the defendant no. 1 has half-share in four-fifth of the said lands. All the sale deeds were registered on 12-2-2001, before the Sub-Registrar, Mudhol, for a valuable consideration. According to the plaintiff, the three younger sisters of the plaintiffs also sold their shares in the properties to one Siddappa Nagappa Patil, by registered sale deed dated. 3-1-2000. Plaintiff had therefore filed O. S. No. 78/2000, challenging the sale deeds executed by his sisters.