Both the appeals are filed by the unsuccessful

purchasers against the concurrent findings of the Courts

below.

2.

The brief facts of the case are that, two suits in

O.S.Nos.91/2009 and 262/2008 are filed for declaration

and permanent injunction.

3.

O.S.No.91/2009 is filed by the purchaser one

Mallikarjun seeking for declaration that he is the absolute

owner in possession of the suit land bearing Sy.No.84/1

measuring 3-00 acres of Shivapur KD village.

4.

O.S.No.262/2008 is filed by one Gourabai, wife

of Balawant Harijan seeking for declaration and permanent

injunction in respect of Sy.No.84 measuring 6 acres 22

guntas of Shivapur KD village, Taluka Indi.

5.

The parties herein are referred to as purchaser

– Mallikarjun and Gourabai for the sake of convenience.

- 4 -

6.

The purchaser-Mallikarjun filed O.S.No.91/2009

for declaration stating that he is the absolute owner in

possession

of

the

suit

schedule

property

bearing

Sy.No.84/1, measuring 3 acres out of Sy.No.84 which was

originally measuring 6 acres 22 guntas owned by one

Shivappa, the father of Gourabai - defendant and one

Balawwa. On the death of Shivappa, his wife Channawwa

became the absolute owner of the said property and on

her death, the mutation entry was effected in the name of

her two daughters namely, Gourabai – defendant and

Balawwa. The said Balawwa died leaving behind her

husband

Siddappa.

According

to

the

purchaser

–

Mallikarjun, Siddappa had become the absolute owner of

the property after the death of Balawwa and by way of a

wardi for partition in Sy.No.84, 3 acres was allotted to

Siddappa and remaining 3 acres 22 guntas was allotted to

Gourabai – defendant. Accordingly, watani dairy No.23

was certified. It is stated that Siddappa sold his share to

the extent of 3 acres to the purchaser – Mallikarjun due to

his financial difficulties and the purchaser purchased the

- 5 -

property through a registered sale deed 07.01.2008 for a

valuable consideration of Rs.93,000/- and he is a bona fide

purchaser.

7.

The plaintiff in O.S.No.262/2008, Gourabai

contended that she is the absolute owner of the suit

schedule property as the suit schedule property is

inherited from her father Shivappa and on his death,

Channawwa-the mother of Gourabai and Balawwa became

the absolute owner of the said property and she died

leaving

behind

two

daughters

namely

Gourabai

-

defendant and Balawwa as the owners of the property and

the mutation entry came to be effected. Thereafter,

Balawwa died issueless and the suit property was the

Stridhana property, by way of succession to Balawwa and

since Balawwa died issueless, after her death, the property

reverts back to the parental descendants and the

defendant – Gourabai has become the absolute owner of

the suit schedule property and Siddappa has no right, title

or interest over the suit schedule property, to create a sale

- 6 -

deed in favour of said Mallikarjun and the said sale deed is

without the knowledge of the said Gourabai and as such,

the suit for declaration and permanent injunction against

Siddappa and Mallikarjun.

8.

The defendant- Gourabai in O.S.No.91/2009

and

defendants

-

Siddappa

and

Malliarjun

in

O.S.No.262/2008 resisted the claims by filing written

statement.

9.

The trial Court on the basis of the pleadings,

framed the following issues in both the suits:

“Issues framed in O.S.No.91/2009:

1. Whether the plaintiff proves that, he is the

owner of suit property by virtue of the sale

deed dated -1-2008?

2.

Whether

the plaintiff proves

that,

the

defendant without any right or interest is

trespassing into the suit land, trying to cut

the valuable trees and bushes and thereby

causing obstruction to the plaintiff’s lawful

possession of the suit land?

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3. Whether the defendant proves that, she is the

only sole owner to the suit land bearing

Bl.No.84 measuring 6 acres 22 gunthas as it

is Stridhan property of her mother?

4. Whether the defendant proves that, the suit of

the plaintiff is not maintainable as there are

already O