SWAYAMPRABHA Vs. JAYANTHA

JUDGEMENT

(1.) The appellants had filed a suit for possession of property which is a land measuring one acre and 68 cents situated at Mudabettu village.

(2.) The case of the appellants was that this land was purchased in the name of their mother by registered sale deed on 24th September, 1943. The money for this was provided by the appellants' father, namely, Ramchandra. Ramchandra was living in Bombay and the mother of the appellants died in 1950. The appellants were living in the village with defendant No. 1 who was stated to be the de facto guardian of the appellants.

(3.) It appears that in 1951 a civil suit was instituted by Ramchandra against defendant No. 1, namely, Sitharama Pandit. During the pendency of the said suit Shri Ramchandra was murdered on 10th June, 1952. In this suit the appellants were brought on record on 13th August, 1952. This suit was for claim of money and is stated to have been decreed in the year 1953. Two documents which were exhibited in the said suit were Exhibits D-13 and D-14 which are stated to be replies which were sent by the lawyers of Sitharama Pandit. The notice was stated to have been issued on behalf of Ramchandra.