P.SATISH PAI Vs. ASHWATHA NARAYANA GOWDA

JUDGEMENT

(1.) .This is the plaintiff's appeal. The suit of the present appellant filed against the present respondents arraigning them as defendants in the Court of learned IV Addl.City Civil and Sessions Judge, at Mayohall Unit, Bengaluru City (CCH-21), (hereinafter for brevity referred to as 'trial Court'), in O.S.No.17427/2005, for recovery of money of a sum of Rs.27 lakhs, with future interest at 2% per month, came to be dismissed by the judgment and decree dated 02.08.2011. It is against the said judgment and decree, the plaintiff has preferred this appeal.

(2.) The summary of the case of the plaintiff is that the defendants are the owners of the land bearing Survey No.105, measuring 7 acres 14 guntas and Survey No.108, measuring 2 acres 5 guntas, both situated at Allalasandra Village, Yelahanka Hobli, Bengaluru South Taluk, Bengaluru, which are the suit schedule properties. The father of defendant Nos.1 to 4 by name M.Narayanappa, who is also the husband of defendant Nos.5 and 6, had negotiated for the sale of the said property with the University of Agricultural Science Employees House Building Co-operative Society Limited, Hebbal, Bengaluru, (hereinafter for brevity referred to as 'Society'), without the consent of the defendants and had executed a Sale Deed dated 16.1.1987 in favour of the Society. After the death of said Narayanappa on 22.7.1987, the defendants filed a suit in O.S.No.423/1993, against the Society and they withdrew the said suit later and instituted another suit in O.S.No.4903/1993, against the Society and another person for partition in respect of suit schedule property. Defendants had also instituted one more suit in O.S.No.7632/1995, in respect of 7 acres 14 guntas of land in Survey No.105 and in respect of 2 acres 5 guntas in Survey No.108.

(3.) In response to the summons served upon them, the defendants appeared through their counsel and filed their written statement.