CHANOO Vs. OANOUTAI

JUDGEMENT

(1.) The appellants, who were plaintiffs in OS No. 27 of 1971 on the file, of the Munsiff, Khanapur, have preferred this second appeal against the judgment and decree dt. 26-6-1974 of the Prl. Civil Judge, Belgaum, in RA No. 27 of 1973 on his file. By that judgment the Civil Judge has dismissed these appellants' appeal thereby confirming the judgment and decree of the Munsiff dt.15-1-73 by which he had dismissed the suit with costs.

(2.) Parties in this appeal will be referred to as the plaintiffs and the defendants in the rank in which they stood in the trial Court.

(3.) Plaintiffs 1, 2 and 3 are the two sons and the widow, respectively, of one Krishna. Defendants 4 and 5 are brothers of that Krishna. Of these three brothers, the 4th defendant, Oanu Nagappa, Tahsildar, was the eldest; the 5th defendant, Honnappa Nagappa Tahsildar, was the 2nd and the aforesaid Krishna, the 3rd. Their father was one Nagappa. He had purchased two lands (fully described in para 1 of the plaint) sometime prior to 1965 and the plaintiffs and defendants 4 and 5 are in possession of the same. In 1965 defendants 1 and 2 filed a suit in RCS No. 119 of 1965 in the Court of the Munsiff, Khanapur, against the 4th defendant, Oanu, for a declaration that the sale of the plaint two items in favour of Nagappa does not bind their shares and interest in the said lands and that their share, being 2/3rds in the said lands, be partitioned and separate possession of the same be given to them. The suit came to be decreed and the decree-holders were making attempts to execute the decree It is at that stage the present suit came to be filed by the plaintiffs for a declaration that the decree obtained by defendants 1 and 2 in RCS No. 119 of 1965 does not bind them for the reasons stated by them in their plaint, and for a consequential relief of permanent injunction restraining them from taking possession of the suit property or any portion thereof in execution of the said decree.