SANDUR NOORSAB Vs. H ABDUL BASITH SAB

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 15-12-1980 passed in Regular Appeal No. 70 of 1978 on the file of the learned Civil Judge, Hospet confirming the judgment and decree dated 3-2-1976 passed in Original Suit No. 189 of 1971 on the file of the learned Principal Munsiff, Hospet.

(2.) Original Suit No. 189 of 1971 was filed by the appellants-plain tiffs for the following reliefs :

(3.) The averments in the plaint were that appellants 1 and 2 and their brother Sandur Hussain Sab had jointly purchased the plaint schedule property from its owner Digambara Rao on 1-3-1958 for a sum of Rs. 200/-. Appellants averred that said plaint schedule plot was lying vacant and on the request of the defendant-respondent Dr. H. Abdul Basith Sab, Sandur Hussain Sab had permitted him to put-up a shed in the eastern half portion on the undertaking that he would vacate whenever demanded and accordingly the defendant was let in the premises. Appellants averred that about three years prior to the filing of the suit, Sandur Hussain Sab died and his son Sandur Pakeer Ahamed Sab third plaintiff became the joint owner of the plot along with appellants 1 and 2. They further averred that their request to vacate and handover possession of the premises was not conceded to by the defendant and hence the suit.