THIMAIAH Vs. MADEGOWDA

JUDGEMENT

(1.) This second appeal is at the instance of the plaintiffs in O.S. No. 178 of 1971 and is directed against the differing judgments of the two courts below.

(2.) This case with a very long and checkered career has brought little solace to the plaintiffs who by the mselves and through their predecessor-in-interest have been battling for possession of two small bits of lands one measuring 12 guntas and another measuring I acre 20 guntas situate in the village Begur at Channapatna taluk within the rural district of Bangalore, from the year 1951-52 but have not been able to call it a day even after 35 years of incessant litigation carried on from the portals of the Munsiff's court at Ramanagaram to this Court, where it is making its appearance for the third time.

(3.) This ill-fated litigation began with the purchase of these two lands in survey No. 8/1 by one Thimmaiah, maternal-grand- father of the plaintiffs, (parties will be referred to as plaintiffs and defendant in the course of this judgment) in a court auction sale, pursuant to which he obtained possession of the same on 22-6-1942. It is common ground that thereafter Thimmaiah leased the suit properties to one Karigowda under a registered sale (Sic) deed dt. 10-2-1943 for a period of five years. It transpired subsequently that Madegowda, the husband of the defendant Smt. Ningamma, took possession of the properties from Karigowda by colluding with him and thereafter refused to give it up on a demand made by Thimmaiah and, therefore, Thimmaiah had to file a suit in O.S. No. 583/51-52 in the court of the Munsiff at Ramanagaram seeking declaration of his title to the properties and for possession thereof, both from Madegowda and the lessee Karigowda.