PRASANNA Vs. MUDEGOWDA (D)

JUDGEMENT

(1.) The father of the appellants late Srinivas Shetty filed a suit for declaration of title and perpetual injunction as an indigent person in Misc. Petition No. 24 of 1984 which came to be dismissed by the Trial Court on 5/5/1984. A suit in O.S. No. 22 of 1986 was filed by the appellants herein seeking partition and separate possession against their father late Srinivas Shetty and the purchaser of suit schedule property, namely, Mudegowda (the deceased respondent) who was arrayed as 2nd defendant. The said suit O.S. No. 22 of 1986 came to be dismissed vide judgment dtd. 10/9/1987 on the ground that on the date when Srinivas Shetty executed the sale deed in favour of Mudegowda, he was not married and appellants were not even born. However, an observation came to be made by the learned Trial Judge that late Mudegowda was not in possession of the suit schedule property and he had to file appropriate suit for possession of suit schedule property. It was also held that there was valid conveyance of title executed by Srinivas Shetty in favour of Mudegowda.

(2.) Appellants herein had filed suit O.S. No. 448/1987 against Mudegowda for perpetual injunction in respect of suit schedule property, which suit came to be dismissed on 22/8/1988 whereunder it was held that Mudegowda possessed a valid title to the suit property and the sale deed executed by Srinivas Reddy in favour of Mudegowda had not been challenged. It was also observed that appellants herein who were the plaintiffs in the said suit had failed to establish that they were in possession of the suit schedule property, nor did they contended that they have perfected their title by adverse possession.

(3.) In the light of observation made in O.S. No.22 of 1986 to the effect that Mudegowda was at liberty to seek for possession of suit schedule property resulted in Mudegowda filing a suit in O.S. No. 131/1988, which was decreed in his favour vide judgment dtd. 6/11/1992 by the Principal Munsif and Judicial Magistrate First Class. However, the appeal in R.A. No. 88/1992 filed by the appellants herein against the judgment in O.S. No. 131/1988 came to be allowed on the ground that the Munsif Court had no pecuniary jurisdiction to deal with the matter. Plaint was ordered to be presented before the proper court. Accordingly, plaint was presented before the Court of Additional City Civil Judge, (Senior Division), Mandya which was registered as O.S. No. 69 of 1994 for possession which came to be dismissed vide order dtd. 17/7/2003 on the grounds of : (a) suit being bad for non-joinder of necessary parties; and (b) suit was barred by limitation.