JUDGMENT :

1. This appeal is filed under Section 100 of Code of Civil Procedure, 1908 (henceforth referred to as ‘CPC’) by the plaintiff challenging the Judgment and Decree of the Courts below in O.S. No.33/1996 and R.A. No.11/2002.

2. The plaintiff claimed that the suit property which is a vacant site measuring 81ft. x 90ft was owned and possessed by her, having derived it in terms of a gift deed executed by her brother Bhagavan Singh who was tenant of original jodidars of Bhavanahalli village. It is claimed that the defendants who are residents of the same village, though not concerned with the plaintiff’s family were trying to take forcible possession of suit schedule property. Hence, plaintiff filed the suit for declaration of her title to the suit property and for consequential relief of perpetual injunction.

3. The suit was contested by the defendants, who claimed that the suit property was assessed in the records of village panchayat as property No.193/ new number 23. They claimed that their father, Ramsingh had purchased it in terms of a sale deed dated 29.06.1952 from one Syed Gafar, Mirja Ali, Syed Mohammed, Syed Hussain, B.H. Bhavani Singh, B.H. Govinda Singh, B. Narayanasi