LAWS(KAR)-2018-6-14

KULLAPPA Vs. C P VIJAYALAKSHMI

Decided On June 01, 2018
Kullappa Appellant
V/S
C P VIJAYALAKSHMI Respondents

JUDGEMENT

(1.) Defendant Nos.1 and 2 in O.S.No.2089/1986 on the file of the City Civil Judge, Bengaluru, have come up in this appeal impugning the judgment and decree dated 11.04.2003. Admittedly, the said suit in O.S.No.2089/1986 is for the relief of declaration, possession, future mesne profits with reference to suit schedule property as well as costs of the said proceedings. The said suit was contested on merits and decreed by the judgment and decree dated 11.04.2003.

(2.) In the said proceedings, the facts would indicate that plaintiff was the purchaser of suit schedule property from defendant Nos.1 and 2 namely, Kullappa and Muniyellappa who are sons of Chikkayellappa. The said fact is not in dispute between the parties. It is also not in dispute that the said brothers together executed a common sale deed in respect of the entire suit schedule property in favour of the plaintiff on 13.05.1984 by receiving sale consideration of Rs.3,000/- in one lumpsum between them. However, they did not chose to deliver possession of suit schedule property to the plaintiff, which has necessitated the plaintiff to file the aforesaid suit for the relief of declaration of title, possession and also for the relief of mesne profits for the period when the vendors of the property continued to be in its possession after executing the sale deed in favour of the plaintiff and as well as costs for the proceedings. The judgment and decree that was passed in the said suit is the subject matter of this appeal, which is filed on 23.07.2003.

(3.) The material on record would indicate that appellant No.1, who is defendant No.1 in the Court below, died on 31.07.2006 during the pendency of this appeal.