K RAMESH S/O SRI K KRISHNASWAMY NAIDU – Appellant
Versus
SMT G K PREMAKUMARI W/O N K GANGADHARA GOWDA – Respondent
The captioned regular first appeal is filed by unsuccessful
defendant No.1 who has questioned the judgment and decree
dated 30.10.2006 passed in O.S.No.5620/1993 by the XI
Additional City Civil Judge, Bengaluru.
2.
For the purpose of convenience, the parties are
referred to as per their rank before the trial Court.
3.
The facts leading to the case are as under:
(a)The plaintiff filed a suit for bare injunction in
O.S.No.5620/1983
against
the
defendants.
After
the
defendants appeared and filed written statement, the plaintiff
by way of amendment sought the relief of declaration and also
possession from defendants. The subject-matter of the suit is
a site bearing Corporation No.19 totally measuring 15 x 48 ft.
The plaintiff is asserting absolute right and title in the suit
schedule property on the basis of the registered sale deed
dated 28.2.1974. The plaintiff claims that one Narasimhaiah
4
was the owner of the suit schedule property and the said
Narasimhaiah sold the same in her favour under registered
sale deed dated 28.2.1974. The plaintiff claims that after
execution of the registered sale deed, her vendor delivered
possession and since then, she claims to be in exclusive
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