S.V. SEETHARAMAPPA AND ORS. Vs. VENKATAMMA AND ORS.

JUDGEMENT

(1.) The appeal is directed against the judgment and decree dated 03.11.2008 passed by learned I Additional Civil Judge (Sr.Dn) at Kolar in R.A.No.335/2007 wherein, the judgment and decree passed by learned Principal Civil Judge (Jr.Dn) at Kolar, in O.S.No.413/2005 dated 24.11.2007 came to be set aside and in the result, the suit of the plaintiff came to be decreed with costs. Defendants are directed to deliver possession of the schedule property to the plaintiff within three months and in default plaintiff is directed to evict the defendants through due process of law. Against which, this appeal is preferred by the defendants 2, 3 and 4.

(2.) In order to avoid confusion and overlapping, the parties are addressed with reference to their status and ranking before the trial court.

(3.) Originally, suit was filed by one Venkatamma, seeking declaration of title over the suit property, consequential relief of mandatory injunction, and for recovery of possession before the trial Court in O.S.No.413/2005, claiming that she is the absolute owner in possession of the schedule property which is a vacant site situate at Shetty Madamangala Village, Sugatur Hobli, Kolar Taluk, bearing katha No.18, Khaneshumari No.139 measuring East to West 15 yards and North to South by 15 yards(45 ft. x 45 ft.) as her husband K.Narayanappa purchased the schedule property through an agreement dated 03.03.1961 from its vendor Sali Krishnappa and his vendor has delivered the possession of the scheduled property to her husband and thus, it is the self acquired property of her husband who died 40 years ago.