GOVINDAREDDY Vs. NARASIMHA REDDY

JUDGEMENT

(1.) This is a second appeal by the plaintiff against the order dated 7-10-1976 passed by the I Additional Civil Judge, Kolar in R.A. 139/73 dismissing the suit and thus reversing the judgment and decree dated 27-6-1973 passed by the Munsiff, Chickballapur, in O. S. 81/68 decreeing the suit.

(2.) The plaintiff filed a suit for a declaration of his title to the suit property i.e. electric pump, and for a declaration that he is enticed to obtain possession of the said property from the Court of Special First Class Magistrate, Chickballapur before whom the suit property was produced in connection with C. C. 131/66 on his file and that it may be delivered to the plaintiff and also for permanent injunction restraining the defendant No. 1 from taking possession of the suit property from the Court etc.

(3.) The plaintiff is the owner of the electric pump-set and he was also the owner of a bullock and a buffalo. They were stolen from the possession of the plaintiff on 3-10-64. On the basis of that complaint the police investigated into the case and submitted a 'B' report to the Court. It appears that the plaintiff complainant undertook to prove the case. When the case was pending, it appears that there was a compromise between the plaintiff and defendants 2 and 3 who were accused in C.C. 131/66. On the basis of that compromise, defendants 2 and 3 were acquitted. On the very day defendant No. 1 filed an application for the return of the property to him as it had been seized from his possession. The Magistrate ordered the return of the property to defendant No. 1 on 16-3-67. The plaintiff being aggrieved by that order approached the Sessions Judge in vain. The plaintiff approached this Court in Cr.R.P. 393/67. This Court directed the plaintiff to establish his title in a Civil Court. Hence, the plaintiff filed the present suit O.S. 81/68.