L N ASWATHAMA Vs. P PRAKASH

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are the plaintiffs in a suit (OS No. 2667/1987 on the file of the City Civil Court, Bangalore) filed against the respondent, for declaration of title, possession, permanent injunction and mesne profits in regard to site bearing No. 19 (old site No. 8, situated at 2nd Cross, Subedarpalya, Vyalikaval, Bangalore, measuring 30 x 35.

(3.) In brief, the case of the appellants-plaintiffs is as follows : The suit property was purchased by one Hanumakka, from the State Government in the year 1940. She sold the said site to one Bellary Muniswamy Pillai under a sale deed dated 23.9.1940, who in turn sold it to appellants father Narayanaswamappa under sale deed dated 21.4.1950. The said Narayanaswamappa was registered as the owner of the said plot in the village records and was paying the taxes therefor. Narayanaswamappa suffered a stroke and after a prolonged illness died in December 1966 leaving all his properties to his sons (plaintiffs) under his Will dated 15.7.1956. The plaintiffs were unaware that their father owned the said plot, as before and at the time of his death, they were prosecuting their studies and were not conversant with their fathers affairs. Their father had taken some loan from Canara Bank and as security therefor had mortgaged the said site and other properties. The Bank obtained a decree for sale of the mortgaged properties. The plaintiffs became aware of the suit property only after they cleared the loan due to the Bank and got back the various title deeds deposited with the Bank on 9.1.1984. Thereafter, they took steps to trace the suit property and collect the necessary papers and found that the defendant who had no right or title was in possession of the said property by putting some temporary unauthorized structure for tethering cattle. The appellants, therefore, filed the said suit.