VEERAPPA LAKSHMAPPA ANGADI Vs. SIDDANAGOUDA BASALINGANAGOUDA DHARMAYAT

JUDGEMENT

(1.) I.A. No. III in R.S.A. No. 448 of 1976 and LA. No. II in R.S.A. No. 558 of 1976 have not been as yet disposed of. One and the same person has filed these I.A.s. He has sought to be impleaded as a party on the ground that respondent-1, who has expired, has executed a will in his favour. As the appeal has been heard and is being disposed of on merits, it would be proper to decide this question at the end. 1 (A). Respondents 1 and 2 in these two appeals are the same. Respondent-1 was plaintiff-1 and respondent-2 was plaintiff-2 in L.C.S. 21 of 1967 on the file of the II Additional Munsiff, Gadag. Appellant in R.S.A. 448 of 1976 was defendant No. 2 and appellant in R.S.A. 558 of 1976 was defendant No. 1.

(2.) The property in question is CTS No. 6707 a site measuring 1111 sq. yards, in Gadag Town. Plaintiff No. 1 and No. 2 have died during the pendency of the appeal and their L. Rs. have been brought on record. A memo is filed today that L.R. No. 1 (c) that is respondent 1 (c) had died on 1-2-1983.

(3.) The facts are : That the suit property belongs to defendant No. 1-Muth. One Amarappagouda Channabasa-nagouda Patil, who was examined as PW-4 was holding a power of attorney of the defendant No. 1, Plaintiffs filed the suit in question for specific performance of the suit agreement Ex. P. 16, dated 25-11-1961 said to have been executed by Amarappagouda Channabasanagouda Patil as General power of Attorney Holder of defendant No. 1, (hereinafter referred to as 'GPAH'), agreeing to lease the suit property for 99 years on certain terms. Ex.P. 16 is an unregistered document, but has been written on a stamp paper.