The main legal point established in the judgment is the significance of a complete and accurate identification of disputed property in resolving ownership disputes. The Court emphasized the need for a thorough and proper investigation, highlighting the importance of evidence and reports in reaching a just decision.

JUDGMENT :

H.B. Prabhakara Sastry, J.

1. The present appellants were the defendants in O.S.No.10336/1984, in the Court of the learned XXVIII Additional City Civil Judge at Mayo Hall Unit, Bangalore, (hereinafter for brevity referred to as the R.F.A.No.1273/2003 "Trial Court"), which suit was filed by the present respondent No.1 in the capacity as a plaintiff for the relief of Declaration, Possession and Permanent Injunction, seeking restraining of the defendants therein from interfering with the plaintiff's alleged peaceful possession and enjoyment of the suit schedule property.

The Trial Court by its judgment and decree dated 10-07-2003, decreed the suit of the plaintiff. It is against the said judgment and decree, the present appeal is filed.

2. The suit schedule property is said to be a vacant site bearing No.124 formed in Sy.No.467/1 (old No.209/4), Kempapura Agrahara, 21st Division of Corporation, Bangalore City, now known as 13th Main Road, Vijayanagar, measuring 30 ft.x50 ft.

3. According to the plaintiff, the said site was purchased by her husband on 07-05-1969 from one Sri. L.S. Ramalingaiah and thereafter the khata was made in the name of the plaintiff on 27-03-1984. The property originally was a land bearing Sy.No.467/1 which was divided into various sites and the plan was approved for conversion and site No.124 was sold in favour of the plaintiff's husband.

The plaintiff also contended that she had earlier filed a suit in O.S.No.1328/1981 against the said Sri. L.S. Ramalingaiah and Binny Mills Labour Association House Building Co-operative Society Limited (hereinafter for brevity referred to as "Binny Mills House Building Society") for Permanent Injunction which came to be decreed in her favour on 12-09-1983. But in March 1984, she found unR. authorised illegal temporary shed and one tank put up by the defendants in the suit schedule property belonging to her. As such, she instituted the suit for the relief of Permanent Injunction.

4. On receipt of summons, the defendants appeared through their counsel and filed their Written Statement, where they took a contention that the first defendant is the owner of the suit schedule property having purchased the same under a registered Sale Deed dated 07-01-1974 executed by Binny Mills House Building Society which House Building Society earlier had purchased the entire land from one Sri. L.S. Ramalingaiah in June 1969 and had formed 150 sites after obtaining approval from the City Improvement Trust Board in 1970.

5. It was contended by the defendants that since the date of purchase of the suit schedule property by them, they have been in possession of the property.

They specifically denied the plaint averments that the plaintiff's husband was the purchaser and owner of the suit schedule property. They also denied the possession of the suit property with the plaintiff.

They further contended that the site said to have been purchased by the plaintiff does not relate to the schedule property.

6. Based on the pleadings of the parties, the Trial Court framed the following issues:-

"(1) Whether the plaintiff proves that she is the lawful owner of the suit schedule site?

(2) Whether the plaintiff proves that she is in lawful possession of the property?

(3) Whether the defendants prove they are in lawful possession of the property?

(4) What decree or order?"

7. In support of her claim, the plaintiff got examined herself as PW-1 and examined her son as PW-2 and got marked documents from Exhibits P-1 to P-14. On the other hand, the second defendant examined himself as DW-1 and got marked Exhibits D-1 to D-8.

8. After hearing both side, the Trial Court through its judgment and decree dated 23-01-1989 disposed of the matter, by declaring that the plaintiff was the absolute owner of suit schedule property, i.e. site No.124 in Sy.No.467/1 of Kempapura Agrahara having purchased the same from aforesai