K. BALLARIGOWDA Vs. SAROJAMMA NANJUNDARADHY

JUDGEMENT

(1.) Heard the learned counsel for the appellant and also the respondent.

(2.) On 09.12.2013, this court has framed the following substantial question of law for consideration :- "Whether the judgment and decree of the Courts below sustains in view of the suit for the relief of declaration without seeking the relief of possession ?"

(3.) After hearing the learned counsel, the Court is of the opinion that, the above substantial question of law is not happily framed because of the simple reason that, the plaintiff by way of an amendment to the plaint has sought for declaration as well as for recovery of possession.