The plaintiff has filed the suit against the
defendants to restrain them from demolishing or
causing further damages to the suit schedule property
and to restrain the defendants from interfering with the
possession of the plaintiff over the suit schedule
property. Further, the plaintiff has sought to direct the
defendants for restoration of the property to the plaintiff
and to declare that the release deed and the gift deed
dated 6.12.2016 respectively are not binding on the
plaintiff.
Cont’d..
-4- O.S. No.1456/2021
2. The case of the plaintiff is that the plaintiff is
the absolute owner of the suit schedule property
bearing site No.691, Sarakki III Phase Extension
measuring East-West: 60 feet and North-South:40 feet.
Originally, the schedule property was allotted in favour
of his father B.S. Vishwanath. The plaintiff and the
defendant Nos.1 to 5 are the brothers and sisters.
Since the father of the plaintiff was unable to pay full
sale consideration, he sought for transfer of allotment
in favour of the plaintiff on 2.8.1982 and thereby, the
suit schedule property came to be allotted on 18.9.1982
by the B.D.A., erstwhile known as C.I.T.B. Thereafter,
the plaintiff entered into a transfer agreement dated
27.12.1984 with the C.I.T.B. and paid the entire sale
consideration towards the allotment of schedule
property. Thus, the plaintiff is in peaceful possession
and enjoyment of the suit schedule property since the
year 1985 and the sale deed in respect of the suit
schedule property was executed on 15.6.1985 in favour
of the plaintiff.
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