This appeal is preferred by the defendant in O.S.

6162/2017 being aggrieved by the judgment & decree dated

5.4.2021 passed by the learned IX Addl. City Civil & Sessions

Judge, Bengaluru (CCH-5), wherein the learned trial Judge

decreed the suit of the plaintiff with costs.

2. Parties shall be referred to as per their status before

the trial Court for the sake of easy understanding.

I. Case of the plaintiff

3. It is the case of plaintiff that residential property

bearing No.14, MEG Officers Colony, Jai Bharath Nagar,

Banaswadi Main Road, Bengaluru measuring East 125 feet,

West 90 feet, North 140 feet and South 65 feet belonged to

Late Major Sunder Raj, who is none other than father-in-law of

plaintiff and father of defendant. Late Major Sunder Raj

purchased the said property from Madras Sappers Officers

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House Building Cooperative Society Limited vide the registered

document. Thereafter, Major Sunderraj constructed the

ground floor portion in the year 1968-69 and after his

retirement in the year 1978, started to reside therein with his

family.

3.1 It is further case of the plaintiff that Major Sunder

Raj gifted the entire first floor of the main building and

adjoining room together with staircase room of the ground floor

forming part of the Premises No.14, MEG Officers Colony, Jai

Bharath Nagar, Bengaluru, in favour of the defendant, who is

none other than his son vide registered gift deed dated

25.7.1977. The defendant enjoyed the said portion of the

property as absolute owner and got the khatha and revenue

records transferred to his name in the records of the

Corporation and the BBMP allotted Khatha No.14/1 to the said

1^st floor portion of the property. Pursuant to which, defendant

put up construction of a residential building on the southern

side of the said property by obtaining sanctioned plan bearing

LP No.ENE/6475/77-78 dated 1.2.1978.

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3.2 This being the state of affairs, Major T.A. Sunder Raj

executed a deed of settlement in favour of the defendant

settling the entire ground floor portion bearing No.14

Banaswadi Main Road, Bengaluru together with the open space

surrounding the same, except towards the southern side and

the stair case vide registered deed of settlement bearing

No.2337/82-83 dated 4.11.1982. In pursuance to the same,

the defendant has been in possession and enjoyment of the

same as absolute owner with revenue records and khatha got

transferred to his name.

3.3 Thereafter, in view of defendant acquiring the

ground floor portion of the said property as stated above, he at

the behest of his father Major T.A. Sunder Raj, with an

intention to divide the family property between himself and his

brother - Col. Sebastian Kumar, who is none other husband of

the plaintiff, executed a registered deed of settlement in favour

of Col. Sebastian Kumar settling all the immovable property

consisting of the 1^st floor building, the open terrace of the

ground floor, garage and open ground on the southern side of

the ground floor, which is described by the plaintiff as schedule

‘A’ property. The said settlement was made by way of

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registered document. In view of the registered settlement

deed between the two brothers i.e, Mr. Allan Sunder Raj

(defendant) and Col. Sebastian Kumar (husband of the

plaintiff), each one became the absolute owner of their

respective portions of the property. Col. Sebastian Kumar

accordingly became the absolute owner of the property by

virtue of the settlement deed and got the khatha and revenue

records transferred to his name, pursuant to which he put up

construction of a residential block on his portion of the property

after obtaining necessary sanction plan from the concerned

authorities.

3.4 Thereafter Col. Sebastian Kumar, husband of plaintiff

executed a registered gift deed in respect of the entire ‘A’

schedule property on the first floor bearing Khatha No.14/1,

Banaswadi Main Road, Bengaluru in favour of his wife, the

plaintiff vi