G BMALLAKARJUNIAH Vs. J SKANNIAH SETTY

JUDGEMENT

(1.) This is a plaintiffs appeal from a decree of the District Judge, Bangalore, in a suit brought by him for a decree for proprietary possession of two shops, two houses and a garden in the town of Tumkur. In that suit, he also claimed a sum of Rs. 9,920/-as damages for use and occupation from defendants 1 to 6.

(2.) Defendant 4 was the elder brother of defendant-1. He died during the pendency of this appeal and his sons defendants 5 and 6 were brought on record as his legal representatives. Defendants 2 and 3 are the sons of defendant 1. All these are Hindus governed by the Mitakshara school of Hindu Law.

(3.) The suit properties are admittedly part of what was purchased under two sale deeds Exhibits P and TT on 12-5-1913, and March 18, 1915, respectively. Those sale deeds were executed in favour of the defendant 4. Exhibit P was executed in favour of defendant 4 by one Abdul Azeez Saheb, who was a retired Assistant Commissioner; the consideration paid under that sale-deed was a sum of Rs. 1,400/- out of which a sum of Rs. 300/- had been paid as earnest money before the document was registered. Exhibit TT was executed in favour of defendant 4 by one Keshavachar on March 18, 1915; the consideration paid under that document was a sum of Rs. 825/-, out of which a sum of Rs. 200/- had been paid as earnest money before the date of execution of that document.