SHRIMATI LALITHAMMA Vs. SUBBANNA

JUDGEMENT

(1.) This appeal by special leave- is directed against the judgment of the High Court of Mysore whereby the High Court allowed the second appeal filed by Subbanna plaintiff, respondent before us hereinafter referred to as the plaintiff, and decreed his suit to the effect that "the appellant plaintiff aforesaid do recover possession of the suit schedule property from the respondent defendants." The High Court further ordered an enquiry in regard to mesne profits under Order XX Rule 12 (c), Civil Procedure Code.

(2.) In order to appreciate the points raised before us it is necessary to set out the relevant facts On February 21, 1929, Subba Rao, father of Smt. Lalithamma, defendant, appellant before us and hereinafter referred to as the de fendant, mortgaged the entire village, Paramanshalli, to the Bangalore Central Co-operative Bank Ltd. This was a simple mortgage. On October 31, 1932, Subba Rao executed a registered lease deed in respect of the suit lands in favour of the defendant who was then about 14 years old. On July 31, 1933, the Bank obtained a decree against Subba Rao on the basis of the mortgage, and on August 1, 1940, the Bank purchased the village in auction sale held in execution of the decree. On March 18, 1941, the Bank obtained symbolic possession. On August 10, 1949, the Bank sold the village by a registered deed in favour of Subbamma, plaintiff. On November 30, 1951, the plaintiff filed Original Suit No. 891 of 1951-52 in the Court of the Munsif at Mumkur for possession of the suit lands and for recovery of future mesne profits from the date of the suit to the date of the delivery of possession of the property. On December 5, 1952, the suit was dismissed by the trial court. On October 30, 1953, the lower Appellate Court dismissed the appeal filed by the plaintiff.

(3.) On March 15, 1959, the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954--Mysore Act I of 1955, hereinafter referred to as the Inams Abolition Act, received the assent of the President.