THIPPAMMA Vs. KHEMYA NAIK

JUDGEMENT

(1.) THE Appellant has preferred the appeal aggrieved by the order dated 29.6.2000 passed by the Prl. District Judge at Raichur in R.A. No. 9 of 1998 in setting aside the judgment and decree dated 17.1.1998 passed by the Prl. Civil Judge (Sr. Division) Raichur in O.S. 10 of 1990 and remanding the suit for fresh disposal.

(2.) THE suit is for a declaration that the Plaintiffs are the absolute owners in possession of the suit land in Sy. No. 50/1 measuring 15 acres 6 guntas situated at Gorebal village of Lingasugur Taluk and for injunction against the Defendant from interfering with their possession. Apart from a declaration about the void nature of the mutation entry by the Village Accountant. The claim was based upon the sale of the property by the second Defendant under a sale deed dated 9.12.1988 for Rs. 15,000/ -. The first Defendant managed to mutate the entry in her name and claimed that she is the absolute owner of the property. The sale deed was questioned including the capacity of the vendor and also its consideration.

(3.) THOUGH the appeal was posted for admission, by the consent of both the Advocates, the appeal itself taken up for final disposal.