GOVINDAMMA Vs. SECY MUNICIPAL FIRST GRADE COLLEGE CHINTAMANI

JUDGEMENT

(1.) These are plaintiffs' second appeals. The plaintiffs filed O.S. No. 24 of 1969 in the Court of the Civil Judge, Kolar against the respondents as defendants, 1 and 2 for the following reliefs. (1) For Cancelling the settlement deed dated 6-7-1966 so far as the first item of the suit property is concerned, since the gifts have been revoked, and the gift deed dated 2-6-1966 in regard to the 2nd item of the plaint schedule as the gift has been revoked. (2) Declaring the title of the plaintiffs to the suit schedule properties. (3) Directing the defendants or others on their behalf by a permanent injunction from interfering with the plaintiffs peaceful possession and enjoyment of the plaint schedule properties. (4) Directing the defendants to pay costs of the proceedings and any such reliefs as is warranted in the circumstances of the case. The trial Court decreed the suit. Defendant 1 preferred R.A. No. 1 of 1972 and defendant 2 preferred R.A. No. 2 of 1972 in the Court of the District Judge, Kolar. The learned District Judge allowed both the appeals. Hence, these two appeals are filed by the plaintiffs.

(2.) The suit properties are 1 acre 22 guntas in Survey No. 22/2 and 3 acres 25 guntas in Survey No. 23 of Sonisettihalli, Kasaba Hobli, Chintamani Taluk. The suit areas are parcels of the larger areas in the said survey numbers. The facts are that one K. Rajagopaliah Setty, husband of plaintiff 1 and father of plaintiff 2, and defendant 2 are brothers. They acquired these properties jointly. They became divided in the year 1955. Exhibit D-1 recording the division was actually written out on 17-6-1960. 'A' and 'B' schedules have been attached to it showing which properties had fallen to the share of which one of these two brothers. A municipal First Grade College was to be started in Chintamani. A College Committee was constituted. Sri M.C. Anjaneya Reddi D.W. 3 was the Secretary of the College Committee. K. Rajagopaliah Setty settled his properties by a registered document Exhibit P-3. Three schedules are mentioned in it. 1 acre 22 guntas in Survey No. 22/2 is in 'C' schedule. He gifted this property in favour of the Secretary M.C. Anjaneya Reddi for the construction of a College. Thereafter on 2-8-1966 plaintiff executed a registered gift deed in favour of the said Secretary as per Exhibit D-2 gifting away 3 acres 35 guntas in Survey No. 23 for the College. Later on it was found that 10 guntas more had been gifted under Ext. D-2 and therefore D.W. 3 executed a registered reconveyance deed Ext. P-4 on 8-8-1966 in favour of plaintiff 1 reconveying 10 guntas out of 3 acres 35 guntas. Ultimately some-where in June 1968 it was decided that these two properties were to be sold. Plaintiff 1 filed an application as per Ext. D-12 on 12-6-1968 to the Deputy Commissioner, Kolar, through an Advocate under Ss. 304, 305 and 306 of the Town Municipalities Act stating that in the event of the building for the College not being erected the grant would be deemed to have been cancelled and in the result ineffective and that the property is worth Rs. 30,000/- while she had information that it was being sold to defendant 2 for a paltry sum of Rs. 15,000/-, though she was prepared to offer initial bid of Rs. 18,000/-. The Deputy Commissioner issued endorsement as per Ext. P-11 that the gift was in favour Sri M.C. Anjaneya Reddy, Secretary First Grade College, the Municipal Council did not come in the picture and no action was called for by the Deputy Commissioner. According to the defendants it was publicly announced by tom that the said two properties were going to be auctioned in public auction while according to the plaintiff it was done in a hush manner to favour defendant 2. Defendant 2 purchased these properties and a sale deed in his favour was executed and registered on 22-6-1968 as per Ext. D-5.

(3.) Thereafter on 27-6-1968 the suit was filed in the Court of the Munsiff, Kolar, and ad interim injunction was secured. In view of the pecuniary jurisdiction, the suit was re-filed in the court of the Civil Judge, Kolar on 5-7-1969. The plaintiffs secured temporary injunction in the suit. That is still in force as this Court also has granted injunction.