IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.1513 OF 2016 (POS)

BETWEEN:

THIMMAKKA, DEAD BY LR., THIMMAPPA, S/O LATE KEMPAIAH, AGED 62 YEARS, NO.11/2, 2^ND MAIN ROAD, MADIWALA EXTENSION, WARD NO.66, BANGALORE-560068.

…APPELLANT (BY SRI JAGADEESHACHARI, ADVOCATE)

AND:

H.M. YAKOOB, DEAD BY L.Rs., Digitally signed by 1. HALEEMABI, MAHALAKSHMI B M W/O LATE H.M. YAKOOB, Location: HIGH AGED 58 YEARS, COURT OF KARNATAKA

2. SABEERA D/O LATE H.M. YAKOOB, AGED 43 YEARS, 3. MUMTAZ D/O LATE H.M. YAKOOB, AGED 41 YEARS, 4. KAMRUN D/O LATE H.M. YAKOOB, AGED 39 YEARS, 5. ZAREENA D/O LATE H.M. YAKOOB, AGED 33 YEARS, 6. SAHEENA D/O LATE H.M. YAKOOB, AGED 29 YEARS, 7. ABDUL LATHIEF S/O LATE H.M. YAKOOB, AGED 35 YEARS, 8. ABDUL GHANI S/O LATE H.M. YAKOOB, AGED 32 YEARS, 9. ABDUL RAZACK S/O LATE H.M. YAKOOB, AGED 28 YEARS, 10. ABDUL GAFFER S/O LATE H.M. YAKOOB, AGED 23 YEARS, ALL ARE RESIDING AT NO.11, 4^TH CROSS, RAJU METAL ROAD, NEW EXTENSION, MADIWALA, BANGALORE-560068.

…RESPONDENTS (BY SRI P. VENKATASHIVA REDDY, ADVOCATE FOR R-7, R-8 & R-10; NOTICES TO R-1 TO R-6 & R-9 ARE SERVED AND UNREPRESENTED)

THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.06.2016 PASSED IN O.S.NO.5448/1999 ON THE FILE OF THE XV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR POSSESSION.

THIS APPEAL COMING ON FOR ORDER, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL JUDGMENT

This regular first appeal is filed by the defendant in O.S. No.5488/1999 on the file of the XV Additional City Civil and Sessions Judge, Bangalore City (‘Trial Court’ for short) challenging the judgment and decree dated 28.06.2016, whereby the Trial Court decreed the suit partly, directing the legal representatives of defendant to quit, vacate and deliver vacant possession of the schedule property in favour of the legal representatives of deceased plaintiff within three months from the date of the decree.

2. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondents.

Plaint Averments:

3. The plaintiff-H.M. Yakoobsab in O.S.

No.5448/1999, contended that he is the absolute owner and possessor of the property bearing No.11 situated at 5^th Cross Rajmetal Road, New Extension, Madivala, Bengaluru, having purchased the property from one T. Thippareddy under a registered sale deed dated 22.11.1982 for valuable consideration of `20,000/- out of the joint family income. The suit property is measuring 20 x 15 feet, which forms part of the larger extent purchased by the plaintiff.

4. The case of the plaintiff is that the defendant-

Thimmakka @ Thimmamma, illegally trespassed into the schedule property and occupied the same without any manner of right, title, or interest and that the defendant's possession is wholly unauthorized and she has no valid claim over the suit property. The plaintiff sought a decree for possession, directing the defendant to quit and deliver the vacant possession of the suit property and also sought mesne profits for damages at the rate of `1,000/- per month from the date of the suit till the date of delivery.

Averments in the written statement:

5. The defendant denied the plaint averments and contended that she is the absolute owner and possessor of the suit property, having purchased from the plaintiff under the registered sale deed dated 28.03.1983. Upon purchase, the khata has been transferred in her name and she has been paying taxes and has been in lawful possession and enjoyment along with her family members.

6. Before the trial Court, three suits were filed.

O.S. No.9192/1997 was filed by H.M. Yakoob Sab seeking a declaration that the registered sale deed dated 28.03.1983 executed by him in favour of the defendant (Thimmakka) is null and void, alleging that it was obtained by fraud and misrepresentation. O.S. No.1236/1998 was fi