B.R. SHARATHCHANDRA Vs. K.D. PEEVISH, VICE-PRESIDENT OF KUPPANDA FAMILY, KUPPANDA UTHAPPA, KUPPANDA BHEEMAIAH, AND KUPPANDA SUBBAIAH

JUDGEMENT

(1.) THIS is a plaintiff's second appeal. Plaintiff filed suit for declaration of title and possession and also for a direction to change the mutation entries in his favour. The Trial Court decreed the suit and the First Appellate Court reversed the judgment and consequently dismissed the suit.

(2.) IT is the case of the plaintiff that one Appachu, the propositus of defendants No. 2 to 6 sold the suit property in favour of the plaintiff on 10.3.1974 for Rs. 9,000/ - by executing the sale deed marked at Ex.P1. In pursuance of the said sale deed the plaintiff is in possession of the property. As the defendants refused to handover the possession of the property, the suit for declaration and possession is filed.

(3.) HAVING regard to the material on record and the submissions made by the learned Advocates, the following substantial questions of law arises for consideration: Whether the propositus of defendants No. 2 to 6 could have cold the suit property in favour of the third party in the absence of the partition as provided under the Coorg Land and Revenue Regulations 1899?