ANGADI SRINIVAS Vs. M. GIRIJA

JUDGEMENT

(1.) THOUGH this appeal is listed in the admission category, in view of substantial question of law framed, with the consent of learned Advocates on both sides, is taken up for final hearing.

(2.) THE husband and father of the appellants - Angadi Srinivasa, was the sole defendant in O.S. No. 33/2007, on the file of the Principal Civil Judge (Jr.Dn.) at Maddur. The suit, was filed by the respondent herein for passing a decree of ejectment against Sri Angadi Srinivasa and for delivery of vacant possession of the suit schedule premises. Despite service of summons, the defendant did not appear and he was placed ex parte. The plaintiff got examined herself as PW.l and marked Exs.P -1 and P -2. After hearing the arguments and appreciation of the record, the suit was dismissed by a judgment and decree dated 09.07.2008.

(3.) ASSAILING the said decree, the plaintiff filed, on 08.09.2008, R.A. No. 51/2008, in the Court of Civil Judge (Sr.Dn.), Maddur. The defendant/respondent died on 25.12.2010. Death of the respondent was not informed and the legal representatives of the deceased was not brought on record by the appellant. Upon hearing of the arguments, the appeal was allowed and the judgment and decree passed by the Trial Court was set aside and the suit was decreed with costs. The defendant was directed to vacate and hand over vacant possession of the suit schedule property to the plaintiff within a period of three months and pay damages of Rs.1,000/ - per year from 2002, till delivery of vacant possession. Assailing the said decree, the wife and children of deceased defendant - Angadi Srinivasa, filed this appeal.