ASHOK Vs. SMT. ANNAPURNA

JUDGEMENT

(1.) Interwoven transactions have led to examine the application of Sec. 43 of Transfer of Property Act, 1882 (for short, "T.P. Act") with respect to a sale transaction dated 14-8-1985.

(2.) This appeal has arisen out of judgment in Final Decree Proceedings No. 5/2003 on the file of Senior Civil Judge, Bailahongal. The background may be briefly stated as follows : 2 acres 26 guntas of land and another small piece of land to the extent of 389 3/9 square yards in Survey No. 443 of Bailahongal earlier belonged to one Channaveerappa Chanabassappa Jawali. On 1-9-1895 he leased out only 2 acres 26 guntas of land to Bailahongal Cotton Pressing Company Limited, under a registered lease deed for 99 years. This company went into liquidation. During the liquidation process, one Shekharappa Veerupakshappa Metagud purchased the leasehold rights of the company. This lease being in force, the owner of the land, Channaveerappa Chanabassappa Jawali, sold the entire land including 389 3/9 square yards to one Raghavendra Kalamdani by executing a registered sale deed in the year 1912. On 25-5-1945, this Raghavendra Kalamdani sold this entire land to one Shivabasavayya Gadagayya Chikkmath. Challenging this sale transaction, Srinivas Kalamdani, S/o. Raghavendra Kalamdani filed a suit O.S. No. 421 of 1947 for partition. In this suit, his mother was defendant 2. The Court which decided the suit, held that sale made by Raghavendra Kalamdani in favour of Shivabassayya Gadagayya Chikkmath did not bind 1/3rd interest of Srinivas Kalamdani and another 1/3rd interest of his mother. What remained to Shivabassayya Gadagayya Chikkmath was only 1/3rd interest in the entire land in Survey No. 443.

(3.) Srinivas Kalamdani initiated Final Decree Proceedings, F.D.P. No. 01/1980 in respect of his 1/3rd interest in 389 3/9 square yards which was not the subject-matter of the lease. In the course of these proceedings, Srinivas Kalamdani and his mother sold away their 2/3rd interest in respect of this land to Chikkamath family. Thus, this Final Decree Proceedings came to be closed and Chikkmath became the owner of the small piece of land measuring 389 3/9 square yards.