RADHA BAI SINCE DECEASED Vs. SANGAWWA

JUDGEMENT

(1.) THIS Second Appeal under Section 100 of the Code of Civil Procedure is by the first defendant in O. S. No. 9 of 1991 on the file of the Court of the Principal Civil Judge (Junior Division), dharwad who has suffered a decree for yielding possession in favour of the plaintiffs in the suit and which Judgment and decree came to be affirmed by the lower appellate Court in RA No. 42 of 1998 on the file of the II Additional Civil Judge (Senior Division), Dharwad.

(2.) IT is because of such concurrent failures, the present second appeal.

(3.) THE suit was on the premise that the plaintiffs 1 to 5 and defendants 2 to 5 constituted members of the joint family; that a particular family property, namely, agricultural land measuring an extent of 2 acres 3 guntas bearing block No. 572 of Kelageri Village in Dharwad Taluk had been in possession of the first defendant purporting to be based on an agreement to sell dated 20. 3. 1975 executed by the defendants 2 to 5; that the plaintiffs are not parties to the agreement; that the agreement had been entered into amongst the defendants 1 to 5 without notice to the plaintiffs without there being concurrence and behind their back; that as plaintiffs are not parties to the agreement, it does not bind their share of properties in the joint family and therefore the plaintiffs are entitled to recover possession from the first defendant, prayed for decree to this effect. The plaintiffs also sought for mesne profits.