CHINNASWAMY SETTY Vs. RUKKAMMA

JUDGEMENT

(1.) Present appeal is filed by the plaintiff of an original suit bearing O.S.No.156/1998 which was pending on the file of Addl. Civil Judge (Jr.Dn.) & JMFC, Nanajangud and confirmed by the Court of Civil Judge (Sr.Dn.) and JMFC, Nanjangud in R.A.73/2002. Respondent Nos.1 and 2 herein were the defendants in the said suit. Concurrent findings of the Courts below are called in question in this appeal.

(2.) Parties will be referred to plaintiff and defendants as per their ranking in the Trial Court.

(3.) Plaintiff chose to file a suit for the relief of declaration to the effect that plaintiff and defendant No.2 are the joint owners of the land measuring 29.7 guntas of land in suit Sy.No.150/1 of Konanapura Village, Nanjanagud Taluk and consequently to declare that the sale deed dated 23.4.1998 executed by defendant No.1 in favour of defendant No.2 does not bind the plaintiff and also award cost.