GANESH PRABHU Vs. NARAYANA PRABHU

JUDGEMENT

(1.) S.A.No.858 of 1999 is filed by the defendant in O.S.No. 126 of 1997 on the file of the Munsiff, Kasaragod. Plaintiff in the above suit filed O.S.No. 127 of 1997 in the above court. Both the suits were jointly tried and disposed of by a common judgment. S.A.No.859 of 1999 arises out of O.S.No.127 of 1997. In O.S.126 of 1997 the brother of the plaintiff is the defendant and in the other suit Damodara Mallayya, the uncle of the plaintiff is the defendant. Both the above suits were filed alleging that the defendants in the suits were in possession of different portions of the building in the plaint schedule property on the strength of permission granted by the respondent and they are liable to surrender possession of the portions of the building to the respondent. The Trial Court decreed both the suits directing the appellants to surrender vacant possession of the portions of the building to the respondent.

(2.) The defendant in O.S.No. 126 of 1997 filed A.S.No.53 of 1998 and the defendant in the other suit filed A.S.No.54 of 1998 in the court of the Subordinate Judge, Kasaragod. Both the appeals were disposed of by the first appellate court by a common judgment. The appeals were dismissed on confirming the judgment and decree of the Trial Court.

(3.) According to the plaintiff in the above two suits, who is the respondent in both the appeals, 9 cents of property comprised in R.S.No.74/3 of Hosbettu village in which a residential house is situate belonged to Ramachandra Shanbhogue. One Upendra Mallya was in possession of the house and the land appurtenant thereto since the building was let out to him by Ramachandra Shanbhogue. The respondent alleges that he got possession of the building and the land appurtenant thereto under Ext. A3 assignment deed dated 11-12-1978 executed by Upendra Mallya in his favour. Thereafter, on 18-12-1978, Ramachandra Shanbhogue executed Ext.A4 sale deed in favour of the respondent. The allegation is that respondent gave permission to the appellant in S.A.No.858 of 1999 who is his brother to reside in the portion of the building. The appellant in S.A.No.858 of 1999 is the uncle of the respondent and he is stated to have obtained possession of a portion of the building on the strength of the permission given by the respondent.