MADHEGOWDA D Vs. ANKEGOWDA D

JUDGEMENT

(1.) One Ninge Gowda was the original owner of the property in dispute. He died leaving two daughters namely Smt. Sakamma, respondent no. 10 herein, and Smt. Madamma, respondent No. 11 herein. When Smt Sakamma was a minor, her sister Smt. Madamma purportedly acting as her guardian, sold her share of the property left by Ninge Gowda to Madhgowda appellant herein by a registered Sale Deed dated 24-4-1961. It is the case of the appellant that the share of the minor Smt. Sakamma was sold to collect funds for her marriage. The appellants was put in possession of the property and he continues in possession of the same till date.

(2.) Smt. Sakamma attained majority sometime in 1961-62. She sold her share of the property to Ankegowda, predecessor of respondent nos. 1 to 9 herein, by the registered Sale Deed dated 1-7-1967. Since there was a dispute regarding possession of the property. Ankegowda initiated a proceeding under Section 145 of the Criminal Procedure Code before the Sub-Divisional Magistrate, Srirangapatna which was registered as Criminal Misc. 7/67-68. In the said proceeding, the learned Magistrate held that the appellant was in possession of the property on the date of the preliminary order and he would continue to remain in possession of the same till dispossessed by the competent Court.

(3.) Thereafter Ankegowda (plaintiff) filed Original Suit No. 69/69, in the Court of the Munsif, Srirangapatna seeking a declaration of title, for partition of the share of his vendor Smt. Sakamma and for delivery of possession of the same to him citing Smt. Sakamma (defendant No. 1), Smt. Madamma (defendant No. 2) and S. Madhegowda (defendant No. 3) as parties. The learned Civil Judge concurred with the findings of the learned Munsif dismissed the suit. The appeal filed by Ankegowda, Regular Appeal No. 44/78, in the Court of the Civil Judge, Srirangapatna proved unsuccessful. The learned Munsif and dismissed the appeal by his judgment dated 24-7-1979.