CHANDRAPPA SHARNAPPA Vs. BASALINGAPPA

JUDGEMENT

(1.) The defendants in O. S. No. 160/1 of 1854-55 in the Court of the Munsiff-Magistrate, at Uulbarga are the appellants herein. The plaintiff therein is the respondent in this appeal. The trial court dismissed, the plaintiff's suit for possession of the suit properties on the basis of his title, but the first appellate Court reversed the judgment and decree of the trial Court and decreed the suit after upholding the plaintiff's title to the suit properties and at the same time holding that the defendants have not established their title.

(2.) The view of the law taken toy the learned appellate Judge (Additional District Judge, Gulbarga, an C. A. Mo. 222/4 of 1959-60 on his file) cannot be sustained.

(3.) Though the trial Court came to the conclusion that the plaintiff is the owner of the suit properties, yet, it dismissed the suit on the ground that the plaintiff had not proved that he was in possession of the suit properties within 12 years from the date of the suit. It also came to the conclusion that in view of Article 47 of the Limitation Act, the plaintiff should have filed the suit within 3 years from the date of the order made by the Criminal Court ordering delivery of possession of the suit properties to the defendants.