Judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the Judgment of a learned Single Judge of the Karnataka High Court allowing the appeal filed in terms of Section 96 read with Order XLI of the Code of Civil Procedure, 1908 (in short the ‘C.P.C’).

3.Background facts in a nutshell are as follows :

The respondent T.G. Seshagiri Rao who after his death has been substituted by his legal heirs, had filed a suit with inter alia prayer to declare him as an absolute owner of the plaint schedule property and to direct the defendant (appellant herein) to deliver vacant possession of the suit schedule property. The suit property is a residential house bearing No.257/1, 5th Cross, Kempegowda Nagar, Bangalore measuring East West 15 x 5 and north south 35.

4.The case set out by the parties is as follows :

The schedule premises was purchased by Kate T.G. Seshagiri Rao along with his uncle one T.K. Vasudeva Murthy under a registered sale deed dated 5.6.1963 for a valuable sale consideration of Rs.20,000/- and that his uncle T.K. Vasudeva Murthy relinquished his right, title and interest which he had over the suit schedule property in favour of the plaintiff under a regist