HANMANTHRAO Vs. SARUPCHAND

JUDGEMENT

(1.) The appellants are the plaintiffs. The respondents are the defendants. The suit was filed for a declaration of title to and possession of the lands S.No.56 measuring 21 acres knqwn as 'Keri Hola,' situate in Kollur Village, Gulburga.Dist. The trial Cqurt decreed the suit. The first Deft alone appealed. The lower appellate Court allowed the appeal and dismissed the the suit against both defendants 1 and 2.

(2.) According to the plaintiffs the suit land originally belonged to one Venkamma who died issueless in the year 1954. She had mortgaged the land in favour of Deft.1 under a registered deed dt.9-5-1953 with the stipulation that Deft. 1 was to remain in possession of the property for a period of 10 years and then hand over the possession to the mortgagor. It was alleged that Deft.2 is in possession of the suit land illegally along with Deft.1. The plaintiffs claimed to be the nearest heirs of Venkamma. Since the period of 10 years expired, the suit was filed for possession and mesne profits from 1963.

(3.) The Defts. filed a joint written statement admitting that the said Venkamma was the original owner of the property and that she died- in the year 1954. They denied that the plaintiffs are the heirs of Venkamma. They also averred that in addition to the suit land, Venkamma had mortgaged two more lands during the subsistence of the said mortgage, she had received Rs.1000 and executed an agreement to sell the suit property on condition that the other lands mortgaged by her should be surrendered to her. Therefore, the Defts. claim that they are in possession of the suit property under S.53A of the Transfer of Property Act. They also alleged that since Deft.2 is a tenant under Deft.1, the suit fqr possession is not maintainable.