T K CHANDRAIAH Vs. CHANDRAIAH

JUDGEMENT

(1.) :- This appeal is directed against the Judgment and Decree of the learned District Judge, Hassan, in R. A. No. 44 of 1978 reversing the Judgment and Decree of Addl. Munsiff, Arsikere, in O. S. No. 13 of 1972 filed for a declaration, possession and mesne profits.

(2.) At the time of Admission, this Court formulated the following questions of law as arising for determination :

(3.) The brief facts of the case are as follows: The father of the Appellant Late Kotturaiah was the plaintiff before the trial Court. He has filed a Suit in O.S. No. 13 of 1972 against defendants 1 and 2, who are respondents 1 and 2 in this Appeal, for declaration of title and for possession of the Suit land in Sy. No. 246/ B situated at Talaur Village of Arsikere Taluk. The trial Court decreed the Suit. Respondents 1 and 2 preferred an Appeal in R.A. No. 44 of 1978. The learned District Judge, Hassan, allowed the appeal and dismissed the suit of the plaintiffs. During the pendency of the Appeal, Sri. Kotturaiah, the plaintiff died. The appellant was brought as first L. R. of Kotturiah. Respondents 3 and 4 herein were brought as 2nd and 3rd L.Rs. of Kotturaiah.