JUDGMENT

1. This appeal by the second defendant is directed against the judgment and decree dated September 27, 2014 in O.S. No. 7363/2009 passed by the Presiding Officer, FTC-VIII C/C 37TH Additional City Civil and Sessions Judge, Bangalore, decreeing the suit for declaration and possession.

2. For the sake of convenience, parties shall be referred as per their status before the Trial Court.

3. Brief facts of the case are, one Late A.P. Shankar (first defendant's husband and second defendant's father) was the owner of the suit Schedule Property. He sold it in favour of one Sayeeda Fathima under a Sale deed dated 12.04.1996. Immediately after execution of the Sale Deed, on the very same day, she leased the property in favour of A.P. Shankar. Subsequently, Sayeeda Fathima sold the suit schedule property in favour of plaintiff vide Sale Deed dated November 24, 1997. After purchasing the property, plaintiff filed a suit,[OS. No. 8108/1998] for possession and mesne profits against the defendants herein. In the said suit, defendants were placed ex-parte. However, the suit was dismissed holding that the suit was not maintainable and the plaintiff could seek remedy under the provisions of th