YELANDAU ARASIKERE DESHIKENDRA SAMMTHANA Vs. GANGADHARAIAH

JUDGEMENT

(1.) The appellant herein had filed a suit in O. S. No. 68/1987 on the file of the learned Civil Judge, Tarikere, praying for declaration and possession of the suit properties and the said suit came to be dismissed by the trial Court and the appeal preferred in R. A. No. 12/1993 on the file of the learned Addl. District Judge, Chickamagalur, also was dismissed and thus this second appeal has arisen.

(2.) Brief facts necessary for the disposal of this second appeal are to the effect that the appellant herein being Yelanadu Arasikere Deshikendra Samsthana filed a suit before the trial Court by contending that the suit properties belonged to the appellant Samsthana as the said properties were under the control and management of late Sri Basavaraj Deshikendra Swamiji of the appellant Samsthana following a Trust Deed executed by one Gowramma on 1-7-1935. By which deed, the said Gowramma had entrusted the suit properties with the then head of the Samsthana, Basavaraj Deshikendra Swamiji, with the object of utilising the said properties for the welfare of the Veerashai va community by spending the properties and its income for providing hostel facilities to poor students and providing food or even stipend/freeship to the poor students of Veerashai va community and the object of creating the Trust was the upliftment and education of the people belonging to Veerashaiva community.

(3.) Thus, by the said Trust Deed, above said Gowaramma divested herself of all the properties mentioned therein which included the suit properties. Basavaraj Deshikendra Swamiji passed away on 16-8-1970 without appointing any successor to him and thereafter, said Gowaramma bequeathed suit item No. 1 in favour of her sister's daughter i.e., the second defendant, and subsequently, defendants- 1 and 2 sold suit item Nos. 2 to 4 in favour of the third defendant. On coming to know of the sale deed executed by defendants-1 and 2 in favour of the third defendant on 19-7-1985, the appellant Samsthana filed the suit by contending that in respect of the suit properties, the appellant Samsthana has got right, title and interest and, being the absolute owner of the suit properties, the relief for declaration and possession was thus sought.