SHEENAPPA GOWDA Vs. SOMAKKA

JUDGEMENT

(1.) The defendants in O.S. No. 38 of 1972 on the file of the Munsiff Magistrate Sullia, Dakshina Kannada District, have preferred this appeal challenging the Judgment and decree, dated 24 11-1975 passed by the Civil Judge, Puttur, in R.A. No. 111 of 1975.

(2.) The respondent - plaintiff filed the suit for a decree directing the defendants to pay her amounts paid by her to defendants as per the sale deed (Ex. P. 1) Rs. 5056-00, interest thereon at 5 1/2% per annum from 12-8-1969 uptodate (i.e. the date of the suit) amounting to Rs. 557.16 Ps. and costs of lawyer's notice by registered post Rs. 25/-. She further prayed that on the failure of the defendants to pay her claim, a decree be passed directing the sale of suit Schedule 'B' properties for realisation of the amount decreed. The suit was filed on 25-8-1971.

(3.) The suit 'A' Schedule Properties consist of 5 items of lands.