LAXIMIBAI Vs. THOREPPA

JUDGEMENT

(1.) This, appeal by the plaintiff is directed against the judgment and decree dated 16-4-1975 passed by the District Judge, Raichur, in Regular Appeal . No. 102 of 1970, on his file, allowing the appeal, on reversing the judgment and decree dated 29-1-1965 passed by the Munsiff, Deodurg, in Original Suit No, 11/1 of 1964, on his file, decreeing the suit of the plaintiff.

(2.) It is the case of the plaintiff that one Rukmajappa was tile owner of two houses bearing Municipal Nos, 619 and 620 situate in Deodurg Town. Rukmajappa left Deodurg in the year 1929-30 for Adoni and settled there. Before, leaving Deodurg for good, he leased out the houses in favour of the defendant on an yearly rent of Rs.25/- with a stipulation that the, defendant should pay the house taxes also and maintain the house in good repairs. The said Rukmajappa died on 16-04-1931 in Adoni leaving behind him his son Subbanna and four daughters. After the death of his father Subbanna became the owner of the two houses and the defendant paid rents to him. Subbanna died in or about the year 1945 and, thereafter, the plaintiff being his only daughter, succeeded to the estate and the defendant paid rents to, her till the year 1960, It is further averred in the plaint that on 17-2-1961 the defendant not only refused to pay the rent to the plaintiff but also denied the title of the plaintiff over the suit houses by claiming title in himself. That led to the institution, of the present suit for declaration of title and for possession and mense profits, by the plaintiff.

(3.) The defendant resisted the suit by filing his written statement. He contended that the suit was false and vexa- tious and non maintainable against him. It was barred by time, Proper and necessary parties were not on record. The plaintiff has no locus standi to file tile Suit. He denied the averments with regard to the payment of rent, as made in the plaint. He asserted that Rukmaianpa sold the houses to him for a sum of Rs. 200/- before he left the town Deodurg. He then handed over the registered sale deed to him with the endorsement of agreement of sale, He also claimed that he effected his title by adverse possession.