BASAPPA Vs. KODLIAH

JUDGEMENT

(1.) The plaintiff is the appellant. The suit is for damages against the defendants for breach of the implied warranty of title under Section 55(2) of the Transfer of Property Act. The first defendant sold some lands, to the husband of the second defendant as per sale deed dated 16-12-1926 for Rs. 200A. After the death of the original vendee, the second defendant his widow, sold those and other lands to the plaintiff for Rs. 2,000/- as per the sale deed dated 11-4-1945. Subsequent to this, the son of the first defendant filed O.S. No. 18 of 1945-46 challenging the alienation contained in the sale deed dated 16-12-1926 and claiming his half share of the property on the ground that the property in question is a joint family property. The first defendant purported to have sold the same as his individual property. This suit was decreed and the said decree was confirmed by the first appellate Court, as well as by the High Court in Second Appeal. In pursuance of this decree the half share of the plaintiff therein was delivered to him in January 1949. The vendee had to pay mesne profits and costs. Hence the present suit for damages.

(2.) The trial Court decreed the suit against the second defendant for a sum of Rs. 425-8-0. But the suit against the first defendant was dismissed. The plaintiff's appeal was al o dismissed. The first appellate Court has set out three grounds in support of its judgment. They are:

(3.) The Courts below have wholly misconceived the scope of the suit and consequently came to erroneous conclusions.