G. PUTTASWAMY Vs. C.K. NANJUNDAIAH

JUDGEMENT

(1.) The unsuccessful plaintiff in OS.No.563/1989 on the file of Principal Civil Judge (Jr.Dn.), Mandya, has come up in this second appeal impugning the concurrent finding of both the courts below in dismissing his suit for declaration and permanent injunction. However, during the pendency of this second appeal, plaintiff has died and his legal representatives have come on record to prosecute this appeal.

(2.) Brief facts leading to this second appeal are as under:

(3.) As could be seen from the records, what was available with Boraiah, which he conveyed to other persons, which ultimately reached to Sreekantaiah is 6272 square feet. In other words, there is deficiency of 262 square feet in measurement when it transferred from one hand to another and reached the hands of Sreekantaiah s/o Rangappa i.e., vendor of the plaintiff. Further, the records would disclose that the entire extent is not sold to plaintiff and what was sold to him was western half portion of said property and that is described as site measuring east to west 29 feet on north side, east to west 26 feet on southern side, north to south 114 feet on southern side and on western side 110 feet, which in other words would come to exactly 50% of 6272 square feet or 3136 square feet. This is the extent which the plaintiff thought he has purchased on the basis of original sale deed.