NANJAPPA Vs. DODDAIAH

JUDGEMENT

(1.) THE material facts of the case in a nutshell are as follows: one Eraiah, son of Goni Eraiah, was the owner of land measuring 1 acre 15 guntas in sy. No. 256/3 of Kenkere Village, Gandasi hobli, Arasikere Taluk. He executed a deed of settlement on 7,5. 1-965 (Ex. P10), settling the said property and other items of properties, in favour of one Smt. Ningamma w/o chikkanna @ Hittaiah and one Era Chikkaiah, son of Goni Era chikkaiah. Said Era Chikkaiah and his wife Smt. Sanna Thopamma, passed away leaving behind them, their minor daughter Kum. Ran gamma For better appreciation of the case, it is necessary to notice the genealogical tree of the said parties, which is as follows:<IMG>181_airkarr6_2009.jpg</IMG> Lakkamma Thopamma Kotamma smt. Ningamma, wife of Chikkanna @ hittaiah, for herself and on behalf of the said kum. Rangamma (minor), conveyed an extent of 36 guntas of land in Sy. No. 256/3 in favour of one Eraiah, son of Gowdannanavara era Chikkaiah, (DW. 3) along with another item of property to an extent of 21 guntas of land in Sy. No. 257/2, under a registered sale deed dated 5. 9. 1966 (Ex. D1 ). Eraiah, son of gowdannanavara Era Chikkaiah, thereafter conveyed an extent of 19 guntas of land showing Sy. No. 256/4 (claimed to be Sy. No. 256/3)in favour of Doddaiah (lst defendant in both the suits) under a registered sale deed dated 27. 11. 1970 (Ex. D2 ). Eraiah, son of gowdannanavara Era Chikkaiah, conveyed an extent of 17 guntas of land under another registered sale deed dated 27. 11. 1970 (Ex. D3)by showing the land as Sy. No. 25674 (claimed as Sy. No. 256/3) in favour of Sri Thopaiah, son of Nagegowda (2nd in defendant O. S. 67/1998)

(2.) ACCORDING to the case of the appellant/plaintiff, 19 guntas of land in Sy. No. 256/3 (suit item No. 1) held by Ningamma, upon her death, devolved on Sm Thopamma under a family partition dated 5. 5. 1985, who conveyed the same in his favour, under a registered deed of sale dated;22. 11. 1990 (Ex. P1 ). It is his further case that; suit item No. 2 was held by Rangamma and she conveyed the same in his favour, under the registered sale deed dated 3. 12. 1997 (Ex. P2 ). Claiming that, smt. Ningamma could not have conveyed an extent of 36 guntas of land in Sy. No. 256/3 in favour of Eraiah, son of Gowdannanavara Era chikkaiah, under the sale deed dated 5. 9. 1966 (Ex. Dl) on behalf of Kum. Rangamma, without obtaining permission from the Court, as contemplated under Section 8 of the Hindu minority and Guardianship. Act, 1956 ('the act' for short) and that, no right was acquired by the purchaser-Eraiah, son of gowdannanavara Era Chikkaiah and he could not have conveyed the property in favour of the defendants and the said conveyances dated 5. 9. 1966 and 27. 11. 1970 (Exs. Dl,d2andd3)does not bind the share and interest of rangamma and the mutation entry dated 15. 1. 1998 (Ex. D4) made out is incorrect, the appellant filed O. S. 67/1998 for a declaration that he is the owner of suit schedule item Nos. 1 and 2 lands and also for a decree of perpetual injunction. He also filed O. S. 88/2000 to set aside the order dated 8. 12. 2000 passed by the assistant Commissioner in Case No. 81/97-98 (Ex. Dl 1) and for perpetual injunction against the defendants.

(3.) ACCORDING to the 1st defendant/1st respondent, Ningamma, was taking care of minor Kum. Rangamma and she had conveyed the property in favour of Eraiah, son of gowdannanavara Era Chikkaiah, under the sale deed dated 5,9. 1966 (Ex. Dl) and the same is not in violation of any provisions of law. According to him, there is mis-description of the Sy. No. in Ex. D2, the sale deed dated 27. 11. 1970, executed by Eraiah son of gowdannanavara Era Chikkaiah, in favour of him, though the boundaries remained the same. According to him, the mis-description was rectified in the mutation at Ex. D4. He had filed R. A. 81/1997-98 against Smt. Rangamma in the Court of the Assistant Commissioner, challenging the mutation entry effected in favour of Rangamma by virtue of ICR 8/1998 99 dated 28. 1. 1997, which was allowed by the Assistant Commissioner on 8. 12. 2000.