THIS

DAY,

COURT

DELIVERED

FOLLOWING:

JUDGMENT

The above Appeal is filed under Section 96 of Code

of Civil Procedure, 1908 (for short ‘CPC’) by the Defendant

challenging the Judgment and Decree dated 31.07.2018

passed in O.S. No.13/2013 by the Additional Senior Civil

Judge and JMFC., Sindagi.

2.

The parties are referred to as per the rank

before the Trial Court for the sake of convenience.

3.

It is the case of the Plaintiff that he has

purchased

the

property

bearing

No.254/VPC-254

measuring East-West – 52’ and North-South – 20’,

situated at Ward-I of Almel Village, Sindagi Taluk,

Vijayapura (hereinafter referred to as ‘the suit property’)

from its erstwhile owner by name Shri. Surendra Patil for a

total sale consideration of `15,00,000/- vide registered

Sale Deed dated 30.04.2012 which was registered on

02.05.2012 and finalised on 28.09.2012 as per the order

3

of District Registrar, Vijayapura dated 18.09.2012. Hence,

he became the absolute owner of the suit property. It is

the case of the Plaintiff that his vendor had permitted the

Defendant to occupy the suit property in the month of

August 2009 on a monthly rental of Rs.5,000/- and since

then the Defendant is in occupation o