H V NAGENDRAPPA Vs. M H HANUMAPPA

JUDGEMENT

(1.) BEING aggrieved by the order dated 14-12-1992 passed by the Civil judge, Chitradurga, on LA. 8 in O. S. No. 134 of 1986, the petitioner has preferred the above revision petition.

(2.) THE facts of the case as mentioned by the petitioner are: The plaintiffs are claiming to be the owners of the property in question by virtue of a sale deed dated 15-1-1945. The first defendant petitioner claims the ownership of the said property by virtue of a sale deed dated 20-1-1981 in respect of 3 acres 13 guntas in Sy. No. 10. The land in Sy. No. 10 has undergone changes inasmuch as divisions and sub-divisions have taken place and the property which was bearing Sy. No. 10 has lost its characteristic and the sites have been formed and buildings have come including a cinema theatre and silk reeling industry. These factors are within the knowledge of the plaintiffs. They have not taken steps to assert their possession or claim by virtue of the alleged sale deed. However, one of the plaintiffs had filed a suit in O. S. No. 201 of 1983 and had stated that the land measuring 3 acres 13 guntas belonging to the petitioner, is different from the one purchased by him under a sale deed dated 15-1-1945. Similar objections were also raised before the Licensing authority and the same was rejected. The suit in O. S. No. 201 of 1983 against Sri C. G. Mallappa was disposed of in the light of the report submitted by the Commissioner. The Commissioner had stated that the land in Sy. No. 10/1b measuring 3 acres 13 guntas does not form part of the land purchased by the plaintiff in the said suit. Thus, the present suit filed by the plaintiffs is hit by the principles of res judicata. Moreover, a cinema theatre has already been constructed in the said land.

(3.) IN the present suit the petitioner has denied the right, title and possession of the plaintiffs and issues have been framed and the plaintiffs are required to prove their title, possession and boundaries. Before starting of the evidence, an application is filed for appointment of a commissioner.