LAKSHMAMMA Vs. JAVAREGOWDA SINCE

JUDGEMENT

(1.) DEFENDANT Nos. 1 and 2 of an original suit bearing O.S. No. 165/1993 which was pending on the file of the Court of the then Munsiff and JMFC, Hunsur, have filed this second appeal, since the suit filed by the first respondent as plaintiff against them for the reliefs of declaration of title and possession of Schedule 'B' properties has been decreed and the appeal filed before the First Appellate Court in R.A. No. 63/1996 is dismissed.

(2.) RESPONDENT No. 2 herein is the third defendant in the said suit. Parties will be referred to as plaintiff and defendants as per their ranking given in the Trial Court. First respondent -plaintiff is dead and his legal representatives have been brought on record.

(3.) DEFENDANTS 1 to 3 chose to file a detailed written statement admitting the relationship of the parties. According to the defendants, plaintiff was not given any share in lands bearing Sy. Nos. 44, 45 and 46 and that he had been given a share only in Sy. No. 60. Madegowda had mortgaged schedule 'A' properties measuring 11 guntas in Sy. No. 44/4, 2.24 acres in Sy. No. 45, 1.33 acres in Sy. No. 46 to obtain loan. Since he could not repay the loan, he became defaulter and the mortgaged lands were brought into public auction and third defendant purchased the same and the auction was confirmed. Later on defendant Nos. 1 and 2 have purchased the same for valuable consideration vide sale deed dated 06.12.1990. Suit is stated to be not maintainable for not making Primary Land Development Bank, as a party.