M.D. VENKATESH Vs. THE MANAGING DIRECTOR, KARNATAKA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD.

JUDGEMENT

(1.) THE Judgment and Decree dismissing the suit of the appellant by the Trial Court and confirmed by the Appellate Court is challenged in this second appeal.

(2.) THE facts reveal that the appellant who was plaintiff in the Trial Court claims to have purchased the property bearing Sy. No. 493/2A measuring 0.13 guntas and Municipal Khatha No. 8010/1314 described in the schedule of the plaint under a registered sale deed dated 16.03.1965 from its erstwhile owner. Since there was an obstruction to his possession by the respondents a suit came to be instituted.

(3.) AGGRIEVED by the judgment and decree an appeal was filed by the appellant. The said appeal was dismissed and the matter came before this Court. This Court remitted the matter to the first Appellate Court with a direction to appoint a Commissioner to locate the suit property and on consideration of the report to grant a decree. The First Appellate Court appointed a Commissioner in view of the directions issued by this Court. The Commissioner submitted his report and he was examined as PW -3. The First Appellate Court again heard the Counsel and on appreciation of evidence on record, dismissed the appeal affirming the judgment and decree of the Trial Court. Aggrieved by the judgments and decrees of the Court below, the present appeal is filed.