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 of the suit house that

the Defendant failed to pay the rent and hence, the earlier

owner had filed a police complaint in the Month of

February 2012.

3.1. That the Defendant filed a suit in O.S.

No.12/2012 before the Senior Civil Judge, Sindagi against

the earlier owner/vendor of the Plaintiff Shri. Surendra

Patil for specific performance of contract alleging that

there exists a contract on 19.8.2009 between himself and

Shri. Surendra Patil for purchase of the suit house. That

said Shri. Surendra Patil filed his written statement and

specifically

denied

the

alleged

agreement

dated

19.08.2009 and he sought for possession of the suit

property from the defendant by way of counter-claim. That

4

during the pendency of the said suit Shri.Surendra Patil

executed registered Sale Deed of the suit property in

favour of the Plaintiff.

3.2. It is the further case of the Plaintiff that

subsequently, the Defendant colluding with the earlier

owner Shri. Surendra Patil created a compromise decree

by filing a Compromise Petition in O.S. No.12/2012

whereunder the said Shri. Surendra Patil agreed to sell the

suit property to the Defendant for a sale consideration of

Rs.15,05,000/-

and

confirmed

having

received

Rs.10,05,000/- and agreed to receive the balance sale

consideration of Rs.5,00,000/- and further agreed to

execute and register the Sale Deed on 11.09.2012.

3.3. The Plaintiff issued a notice dated 12.12.2013

under Section 106 of Transfer of Property Act (for short

'the Act') terminating the tenancy in respect of the suit

house and the Defendant replied to the same. Since the

Defendant did not handover the vacant possession of the

5

suit property, the Plaintiff filed a suit seeking for the

following reliefs:

"i) decree for possession be passed

awarding the possession of the suit property

i.e. Sl NO 254 & V.P.C No 254 measuring

East-west 52 feet & North-south 20 feet

situated at ward No I of village Almel in

Sindgi Tq and Bijapur Dist in favor of the

plaintiff & accordingly a direction be issued

to the defendant to vacate & hand over the

possession of the suit house to the plaintiff.

ii)

If the defendant failed to do so then

the possession be awarded to the plaintiff

through the court process by evicting the

defendant from the suit house.

iii)

Cost and such any other reliefs as

deems fit in favour of the plaintiff be

awarded."

4.

The

Defendant

entered

appearance

and

contested the case of the Plaintiff by filing his Written

Statement. The Defendant has denied the case of the

Plaintiff and has further contended that the Defendant was

a tenant of the suit property and he purchased the same

from its owner and hence, he was in possession of the suit

property, not as a tenant but, as an owner as on date of

filing of the suit. It is the further case of the Defend