MALLIKARJUNA T C Vs. KALAMMA

JUDGEMENT

(1.) This appeal by the plaintiff is directed against the judgment and decree dated 30 9.74 passed by the Distric Judge, Chitradurga, in RA No. 2 of 1970, on his file, allowing the appeal, on reversing the judgment and decree dated 5.1.70 passed by the Civil Judge, Chitradurga, in OS No 7 of 1965, on his file, decreeing the suit of the plaintiff as prayed for.

(2.) Plaintiff instituted a suit for declaration that the sale effected by his mother Savitramma under Ex D-2 in the year 1946 is not binding on his interest and for possession of the suit properties. The suit was resisted by the defendants contending that the plaintiff had no share in the suit properties and that he has no right to bring the suit at all. The trial Court raised the following issues as arising from the pleadings:

(3.) The learned Civil Judge held under the material issues in favour of the plaintiff and, in that view, he decreed the suit of the plaintiff. Aggrieved by the said judgment and decree, defendants 1 and 2 went up in appeal before the District Judge, Chitradurga, in R. A. No. 2 of 1970, on his file. The learned District Judge, in the course of his judgnment, raised the following point as arising for his consideration: