STATE OF KARNATAKA Vs. P K TIMBER COMPANY

JUDGEMENT

(1.) THIS appeal by the defendant, the State of Karnataka, challenges the judgment and decree of the Trial Court on several grounds. However, at the time of hearing the learned Government advocate appearing for the State, rested on two grounds only. Namely, that the suit was barred by limitation and that the relief of declaration claimed by the plaintiff could not have been granted by the Trial Court.

(2.) TO appreciate the contentions on behalf of the appellant, it would be in order to narrate the facts of the case.

(3.) THE suit was brought by the holder of an agreement of sale, in possession, of the lands described in the schedule to the suit, measuring about 265. 74 acres situate in Karike Village, kodagu District.