HANUMEGOWDA Vs. M SUDARSHANACHAR

JUDGEMENT

(1.) The pursuer herein is the defendant in O.S.42 of 1970 on the file of the Civil Judge, Mandya which was initially instituted in the Court of Munsiff, Mandya in O.S.163/66 but the vicissitudes of that suit finally led to the archives of the Civil Judge, Mandya to be reborn as O.S.42/70 at which stage some more defendants had been brought on record who, however, did not evince any interest in the aforesaid proceeding which has been mainly fought out between the pursuer in this appeal viz., the first defendant in the suit and the plaintiff who is currently the sole contesting respondent herein.

(2.) I shall refer to the parties as plaintiff and defendant during the course of this judgment.

(3.) The plaintiff who holds a Bachelor's degree in Arts, appears interested in speculative land deals. On obtaining grant of substantial chunks of land in Sy.No.1108/16 of Doddarasnakere village from government the plaintiff sold the same in bits to the defendant No.1 and other defendants herein. We are here concerned with the transaction of the plaintiff with defendant No.l, an illiterate villager by name Hanumegowda. According to facts as have since transpired Sundarshanachar contracted to sell to Hanumegowda 3 acres and 6 guntas of land in Sy.No.1108/16 for a consideration of Rs.9000/- the deal having been put through on the 6th December, 1963 and recorded in a written agreement. Thereunder the plaintiff took Rs.2000/- as advance. It is common ground Sudarshanachar also put Hanumegowda into possession under the aforesaid agreement.