H.J. SATHYNARAYANA Vs. H.J. PADMANABHA

JUDGEMENT

(1.) The appellant is before this Court challenging the judgment dtd. 11/8/2009 in O.S.No.88/2007 by the Civil Judge (Sr.Div) and J.M.F.C, Sorab, which has been confirmed by the judgment dtd. 24/4/2013 in R.A.No.194/2011 by the District and Sessions Judge, Shivamogga.

(2.) The appellant, who was a plaintiff in the said suit, had sought for relief of declaration and possession of the suit schedule property, claiming that the said property originally belongs to Aryara Sanna Mallappa, which has been mortgaged in favour of Narasimha Achar on 10/1/1931. Despite such a usufructory mortgage having been executed, the possession of the land was not handed over and subsequently, Aryara Sanna Mallappa executed a sale deed in favour of the plaintiff on 7/12/1991 and the plaintiff was put in possession thereon. It is on that basis, it is contended that the plaintiff is the owner of the property in possession thereof, which was interfered with by the defendants and resulting in his dispossession. It is in that background the aforesaid suit for declaration and possession was filed.

(3.) The Trial Court dismissed the said suit taking into consideration the plaint and written statement filed, the affidavits filed in lieu of evidence and the evidence recorded, observing that the documents, which have been produced have not been marked as evidence and there is nothing on record to indicate the title of the plaintiff. Challenging the same R.A.No.194/2011 was filed contending that plaintiff was not informed about the various dates on which adjournment was taken by the advocate, and it is in that background the plaintiff could not prosecute the matter. In the said appeal, evidence was led by the plaintiff and certain documents were marked. The defendants led their evidence and marked Exs.D1 to 76.