M. MAHADEVAPPA Vs. RAJAPPA AND ORS.

JUDGEMENT

(1.) THE plaintiff in O.S. No. 83/1994 has filed this second appeal, assailing judgment and decree passed in R.A. No. 114/2001 dated 24/10/2013, by the Senior Civil Judge and JMFC, T. Narasipura, affirming the judgment and decree passed in O.S. No. 83/1994 dated 4/11/1996 by the Munsiff and JMFC., T. Narasipura.

(2.) FOR the sake of convenience, the parties shall be referred to, in terms of their status before the trial court.

(3.) THE suit schedule property is a vacant site measuring 22 molas, east to west and 20 molas, south to north, with a thatched hut, situated at Billigerehundi Village, Kiragathur Dhakle, Kasaba Hobli, T. Narasimpura Taluk, Mysore District. According to the plaintiff, defendant No. 3, the father of the plaintiff was looking after the property till the year 1960. In view of his waywardness and he not being interested in the welfare of the property, the mother of the plaintiff was looking after the joint family properties. That about a year prior to the filing of the suit, plaintiff became aware that the suit property was sold by his father -defendant No. 3 in favour of defendant No. 1 on 7/6/1967. That the plaintiff was in Bengaluru and when he went to the village, he came to know about the illegal transaction and hence, he filed the suit seeking declaration that the sale deed dated 7/6/1967 was not legal and nor it was binding on him. It is also stated that the plaintiff came to know that defendant No. 1 was trying to alienate the suit schedule property to defendant No. 2 and therefore, he has sought for the aforesaid reliefs.