GOVINDAPPA Vs. PREMANAND

JUDGEMENT

(1.) This is a plaintiff's revision against the Judgment and decree dated 30-9-1980 passed by the Civil Judge, Sirsi in R.A. 45 of 1978, reversing the Judgment and decree dated 28-7-1978 passed by the Munsiff, Haliyal, in O.S. 192 of 1975 decreeing the suit.

(2.) The plaintiff filed the suit alleging that he had purchased the suit property in a Court auction sale held in Execution Case 63 of 1953 for Rs. 775/- and a sale certificate was issued in respect of the suit property on 25-10-1972. The suit property is in possession of the defendant and that the defendant refused to deliver possession of the same. The plaintiff filed Kirkol Misc. No. 4 of 1974 for obtaining possession of the property. The defendant resisted the same on the ground of limitation. The plaintiff's petition was dismissed on the ground that it was barred by time. Hence, the plaintiff filed the suit for recovery of possession.

(3.) The defendant resisted the suit.