JEEVANTHA Vs. HANUMANTHA AND NTHERS

JUDGEMENT

(1.) These two appeals were presented to the Judicial Committee of the State and are now before us under Art. 374 (4) of the Constitution.

(2.) On 30-1-1913 a suit was brought by the father of the present plaintiffs against the present appellants for a declaration of his title in respect of three survey numbers, 36, 38 and 54, which were assessed at Rs. 84/- land revenue. It was also prayed that a sale deed that had been executed in respect of this property by defendants 1 and 3 in favour of defendant 2 be cancelled. The defendants denied the plaintiffs' claim. They pleaded that the plaintiff was not a shikmedar in the land in suit and that he was not the owner of it under any sale deed and was not in possession of it. Issues 2 and 3 in this suit were in these terms :

(3.) Whether defendant 1 was competent to execute a sale deed of the land in favour of defendant 2."