LAWS(SC)-2002-1-162

RAGHURAM RAO Vs. ERIC P MATHIAS

Decided On January 30, 2002
RAGHURAMRAO Appellant
V/S
ERIC P.MATHIAS Respondents

JUDGEMENT

(1.) LEAVE granted.

(2.) THESE appeals are filed against the judgment and decree dated 27-10-1998 passed by the High Court of Karnataka at Bangalore in RSA Nos. 1319-22 of 1996. By the impugned judgment and decree, the High Court set aside the judgment and decree passed by the lower appellate Court and held that plaintiffs are entitled to recover the possession of leasehold property and decreed the suit accordingly.

(3.) IT is also admitted that by a gift deed dated 17-11-1960 Gangadhar gifted 11 cents to his sister Amba and sold remaining 11 cents to Sanjiva Sapalya by a sale deed dated 31-3-1960. Again on 3-10-1974 Amba transferred her holding to Sucharita. For the aforesaid transfers, plaintiffs did not invoke and enforce the forfeiture clause on the ground that alienations were within the members of the family of the deceased-lessee.