PAUL DSOUZA Vs. KALYANI AND ORS.

JUDGEMENT

(1.) This appeal by the 6th defendant is directed against the judgment and decree dated 27.06.2013 in R.A. No. 70/2010 on the file of the I Addl. Sr. Civil Judge, Bengaluru, whereby the appeal filed by the 6th defendant came to be dismissed while confirming the judgment and decree dated 29.01.2010 in O.S. No. 7/2008 on the file of the III Addl. Civil Judge, Jr. Dn., Bengaluru.

(2.) The brief facts which gave rise to the appeal are as under:

(3.) On 13.12.2006, the defendants 1 to 3 sold the schedule property in favour of defendant No. 6 for a valuable consideration. On coming to know of the same, the plaintiff - sister of the defendants filed a suit for partition and separate possession of her 1/5th share in the suit schedule property in O.S. No. 7/2008 on the file of the III Addl. Civil Judge, Bengaluru. The suit was contested by the defendants. It is the case of the defendants No. 1 to 3 that they were the tenants of the schedule property, they have filed a declaration in Form No. 7 and the Tribunal after holding enquiry granted occupancy rights in their favour. Therefore, they became the absolute owners. They have sold the said property to defendant No. 6 by way of registered sale deed.