JUDGMENT :

H.P. Sandesh, J.

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 hi