CHANDRASHEKAR BIJAPUR Vs. BASALINGAPPAGOUDA

JUDGEMENT

(1.) THE defendant No.1 is in appeal. Respondent Nos.1 and 2 are the plaintiffs. Respondents 3 and 4 are defendants 2 and 3.

(2.) DURING the course of the judgment, the parties will be referred to as per their ranking in the trial Court.

(3.) IN support of their respective pleadings both the plaintiffs as well as 1st defendant have let in their evidence. The plaintiff No.2 was examined as PW.1 and in support of her contentions Exs.P.1 to P.10 are marked. The first defendant was examined as DW.1 and Exs.D1 to D12 are marked. The learned trial Judge having regard to the evidence let in by the plaintiffs as well as defendant No.1 and the legal question raised by the defendant No.1 than the sale deed hit by prevention of either the Bombay Act or Karnataka Act has recorded a finding that the plaintiffs sale deed is not hit by both the Acts. The learned trail Judge has also recorded a finding that the first defendant does not derive any titled to an extent of 18 guntas inasmuch as when the property was sold by defendants 2 and 3 in his favour they had lost title inasmuch as they had made a gift in favour of Anandmath on 23.11.1966 and 25.11.1966. Thus decreed the suit as against which the first defendant is in appeal.