CHANNAPPA HANAMANT Vs. KALLAPPA S/O MALLAPPA THAMBAD

JUDGEMENT

(1.) The present Appeal is preferred against the concurrent findings given in O.S.No.585/1989 dated 15.06.2002 on the file of Addl. Civil Judge (Jr.Dn.) Bijapur, confirmed in R.A.No.412/2004 dated 05.03.2005, on the file of Fast Track Court-I, Bijapur.

(2.) On 09.12.2005, this Court has framed the following substantial question of law :-

(3.) At the time of submitting the arguments, the learned counsel for the appellant has strenuously contended that the trial Court and the first appellate Court have not properly considered the legal point with regard to surrender of the tenancy by Sri Shivappa and as well as the effect of the earlier sale deed executed by Smt Venkubai in favour of defendant No.2. Therefore, another substantial question of law also to be framed by this Court. After hearing both the parties on merits, I prefer to frame one more substantantial question of law in the following manner:-