THE HIGH COURT OF KARNATAKA
MR. SACHIN SHANKAR MAGADUM, J
SMT. M.A. SHAHNAZ – Appellant
Versus
SRI. ANTHONY STEPHEN – Respondent
| Table of Content |
|---|
| 1. court's examination of evidence (Para 1 , 20 , 21) |
| 2. plaintiff's assertion of title (Para 3 , 4) |
| 3. judicial findings on title validity (Para 9 , 10 , 12 , 14) |
| 4. statutory framework of property transfers (Para 26 , 28 , 30) |
ORAL JUDGMENT
2. For the sake of brevity, the parties are referred to as per their rank before the trial Court.
4. On receipt of summons, defendant No.3 entered appearance, filed written statement and stoutly denied the entire averments made in the plaint. Per contra, defendant No.3 asserted title to the property measuring 23x30 feet pertaining to Site No.2 in Sy.No.8/4. Defendant No.3 asserted that post-purchase, she has put up construction and she is residing and plaintiff has no semblance of right insofar as site No.2 is concerned. Defendant No.3 alleged that plaintiff cannot seek relief of declaration and injunction without producing layout plan pertaining to Sy.No.7. Defendant No.3 specifically contended that defendant No.3's property bearing Site No.2 is part and parcel of Sy.No.8/4 situated at 10th cross and it measures 23x30 feet while plaintiff's site bearing No.8-C is part and parcel of Sy.No.7 measuring 20x30 feet.
6. Trial Court on asse
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