GOVINDARAJA MUDALIAR Vs. UNIVERSITY OF MYSORE

JUDGEMENT

(1.) The defendant-appellant has filed this appeal against the judgment and decree dated 12-8-1975 passed by the III Additional District Judge, Bangalore, in R.A. No. 45 of 1975 confirming the judgment and decree dated 31 7-1975 passed by the I Additional Civil Judge, Bangalore City, in O.S. No 341 of 1972.

(2.) The respondent-plaintiff filed the suit in question against the defendant-appellant for declaration that he is the owner of the suit schedule property, for possession of the suit schedule property from the defendant appellant, for grant of past mesne profits at the rate of Rs. 30/- per month amounting to Rs. 1080/- and for enquiry into future mesne profits. The defendant resisted the suit.

(3.) The facts relied upon by the plaintiff may be narrated briefly as follows : The suit schedule property was of the ownership of one Gurumurthappa who expired on 19-5-1938 leaving behind his will dated 24-10-193. The suit property and two other properties were bequeathed by Gurumurthappa in favour of the plaintiff. The plaintiff filed Miscellaneous Case No. 374 of 1958 and obtained Letters of Administration with will attached as per Exhibit P. 1 dated 11-11-1960, The defendant was the tenant of the suit property. On 28-6-1967 the plaintiff issued notice as per Exhibit P-5 to the tenant calling upon him to pay the arrears of rent and hand over vacant possession. The defendant sent his reply dated 12-7-1967 as per Exhibit P 6 denying the title of the plaintiff and setting up title in himself. In view of these facts, the defendant incurred forfeiture and became a trespasser.