GOVINDAMMA Vs. THIMMAKKA

JUDGEMENT

(1.) THE appellants are the defendants in the suit. The respondents plaintiffs filed a suit for declaration of title to the suit site and seek relief of possession and mesne profits.

(2.) ONE Gangappa the husband of the first plaintiff ad father of plaintiffs 2 and 3 jointly purchased the land bearing Sy. No. 66/1-A-2 of Saneguruvanahalli village, measuring 3 Acres 16 guntas along with one H. Rajanna Shetty and formed the housing layout. The second defendant was constituted as General Power of Attorney of Gangappa and was authorized to sell certain sites named in the General Power Attorney Ex. D. 1. The second defendant sold the suit site to his wife who is the first defendant under registered sale deed Ex. D2 dated 21/5/1980. It is stated that the suit site bearing No. 54 is one of the sites named in the G. P. A Ex. D1. The Principal Gangappa is one of the attesting witnesses to Ex. D. 2. Gangappa died on 17-10-1982. When the defendants tried to take up some constructive activity, a suit was filed in OS No. 320/83 for permanent injunction. Later on the suit was withdrawn and present suit came to be filed for comprehensive relief of declaration of title and possession.

(3.) IT is contention of the plaintiff that the suit site is not the subject of G. P. A. Ex. D. 1 held by second defendant. Therefore the sale in favour of the first defendant on the basis of Ex. D. 1 is bad in law and does not convey title. The fact that Gangappa acted as attesting witness does not enhance the case of the first defendant to derive valid title.