TULASABAI Vs. IRAPPA SATTEPPA CHOUGULE

JUDGEMENT

(1.) This second appeal is by defendants 1 & 2 against the decree passed by the II Addl Civil Judge, Belgaum in CA 227 of 1964 reversing the decree passed by the Addl Munsiff, Chikodi in RCS.156 of 1962.

(2.) Respondent 1 instituted tha suit on i4-6-1962 for a declaration that the sale transaction evidenced by Ex 93 executed on 2-1-1957 by the predecessor of defendants 3 to 8 in favour of defendants 1 & 2 is void, illegal and not binding on the plaintiff; and for a cancellation of the entries made in favour of the 1st and 2nd defendants in the record of rights showing them es kabjedars of the suit lands.

(3.) The case of the plaintiff is that he is the tenant of the suit lands since several decades and that therefore, his landlord viz., the predecessor of defendents 3 to 8 could not have sold the suit lands to defendants 1 & 2 on 2-1-1957 without offering the suit lands for sale to him (the plaintiff) - the tenant in possession of the suit lands-as required by S 64 of tha BTAL Act, 1948 (herein after referred to as the 'Act'). The case of the plaintiff further is that the sale in favour of defendants 1 & 2 is invalid as provided in S 64 of the Act and es the entries in the record of rights have been made in favour of the 1st and 2nd defendants on the strength of the sale 'deed, those entries in the record of rights may be directed to be canoslled.