J SOMANATH Vs. M R SRI SWAMY

JUDGEMENT

(1.) These two appeals are filed challenging the judgment dated 12.03.2004 decreeing O.S.No.90/1996 and dismissing O.S.No.131/1997 on the file of 1st Additional Civil Judge (Sr.Dn), Davanagere.

(2.) The factual matrix of these two suits are in respect of very same parties and also in respect of very same house property bearing door No.307, both the plaintiff and defendants are claiming the rights in respect of suit schedule properties which are mentioned in respect of suits seeking relief of declaration and injunction.

(3.) The gist of the plaint in O.S.No.90/1996 is that the plaintiff is the bonafide purchaser of the schedule property which has been purchased from one Sri B.B.Srinivas under a registered sale deed dated 04.12.1995 to whom it was bequeathed by his mother Smt. Sarasvathamma through a registered WILL in the year 1993. It is also the case of the plaintiff that originally that property was purchased by Late father of Sarasvathamma i.e., Murugesh Modaliar for a valuable consideration vide sale deed dated 21.07.1934 in the form of an open Site No.15 measuring East to West 100 feet and North to South 40 feet and by constructing two houses was enjoying in his life time. After his death Smt. Sarasvathamma who was the only daughter had succeeded to the said property. There are number of civil disputes between her and her sons and daughters. The name of her husband was late Balakrishna Modaliar and he had died long ago. Thus the plaintiff by virtue of the Sale Deed dated 04.12.1995 has become the owner in possession of the suit house and khata stands in his name. He contends that during the month of Dec. 1996, the 1st defendant who in fact is the resident of Madras some how managed the local Police Officer i.e., defendant-2 for dispossession of the plaintiff from schedule house and a case was registered by making allegation that Late B.B. Srinivas had got created the fictitious WILL in his name. The plaintiff is in personal occupation of the suit house for his residence. Therefore, he prayed this Court to declare him as an absolute owner in possession of schedule property with a consequential relief of permanent injunction restraining the defendants not to interfere with its peaceful possession and enjoyment.