TIBBA BOYI ALIAS KARIYA Vs. K VENKATAPPA

JUDGEMENT

(1.) This Second Appeal arises out of the suit O.S. No. 53/1982 on the file of the Principal Civil Judge, Mandya, filed by the respondent-plaintiff. The trial court has decreed the suit and the lower appellate court has affirmed it.

(2.) Sri M. S. Gopal, learned counsel appearing for the appellants defendants, has raised only one contention namely that having regard to the provisions contained in Section 26 of the Specific Reliefs Act and the averments made in the plaint, the declaration of title sought for by the plaintiff ought not to have been granted without there being a relief sought for rectification of the mistake in the documents i.e., mortgage deed, safe certificate and the records in O.S No. 643 of 1951-52.

(3.) It is not disputed before the courts below that the boundaries mentioned in the mortgage deed Ex.P.1 and the sale certificate tally with the boundaries of S.No. 99/5 and not with that of S.No. 99/6. On the basis of the evidence on record and the boundaries contained in the relevant documents viz , mortgage deed, the decree passed in 0 S No. 643 of 1951-52, the sale certificate and the continuous possession of the plaintiff of the suit land, the courts below have held that the land that was mortgaged was S No. 99/5 and it was that land which was sold along with another land bearing S.No. 100/6 by public auction in the execution proceeding to satisfy the decree passed in O S. No, 643/1951-52, and was purchased by the plaintiff. The trial court has passed a decree declaring that the plaintiff is the owner of the suit land and has also granted a decree for permanent injunction. The lower appellate court has affirmed it.