KRISHNAMURTHY S. SETLUR Vs. O. V. NARASIMHA SETTY

JUDGEMENT

(1.) By this judgment we hope to bring quietus to a dispute which has its genesis to facts prior to the independence of the country. The parties through their predecessors have been litigating for more than 70 years.

(2.) Krishnamurthy S. Setlur (hereinafter referred to as 'KS'), was the predecessor-in-interest of the appellants. He was obviously a very rich landlord. H.R. Narayana Iyengar (hereinafter referred to as 'HR'), was the predecessor-in-interest of the contesting respondents. It appears that HR used to manage the properties of KS. KS had executed a general power of attorney in favour of HR to manage the properties and he used to manage and sell properties on behalf of KS.

(3.) In 1942 KS, through his general power of attorney HR, purchased the suit properties from the then land owner. On 22.10.1946, KS revoked the power of attorney. In 1947, HR filed a suit for recovery of certain amounts which he alleged that he had incurred to recover the property of KS. In 1948, KS filed a suit against HR seeking return of some documents. These two suits had no direct bearing on the present case, but have been referred to bring out the history of the dispute. In 1949, KS along with his brother, filed a suit against HR seeking a declaration that the suit property belonged to the plaintiff. It was urged that though the property had been purchased by KS with his own money, the sale deed was effected in favour of HR, who was nothing more than a benamidar of KS. This suit which was originally the Suit No.101/1948-1949 was later numbered as O.S. 94 of 1956.