NAYYANNA SETTY AND SONS Vs. STATE OF MYSORE

JUDGEMENT

(1.) All these appeals have been heard together for the reason that they involve certain common questions. They are also directed against three judgments of the learned District Judge of Bellary, all delivered on the 30th day of November, 1953, in three batches of cases tried or heard together by him. Two were batches of Original Suits transferred from the Courts of the Subordinate Judge and the District Munsiff, Bellary, and tried together by the learned District Judge. The third batch is of appeals arising out of the Original Suits tried by the District Munsiff's Court and the Subordinate Judge's Court, Bellary. The discussion contained in the three judgments of the learned District Judge of Bellary under appeal on the questions of law said to arise in all the matters heard by him is more or less on identical terms.

(2.) Regular Appeals Nos. 458 of 1954 and 107, 108, 109 and 110 of 1955 are respectively by the plaintiffs in Original Suits Nos. 32, 31, 35, 36, and 37 of 1952 on the file of the District Court. All these suits were tried together and common evidence was recorded in Original Suit No. 31 of 1952; they were disposed of by a common judgment on the 30th day of November, 1953, by which all the suits were dismissed. Regular Appeal No. 106 of 1955 is by the plaintiff in Original Suit No. 28 of 1952 on the file of the District Court, Bellary. This and four other suits, viz. Nos. 25, 26, 27 and 29 of 1952 were tried together and common evidence was recorded in Original Suit No. 29 of 1952. They were disposed of by a common judgment dated the 30th day of November, 1953, by which all the suits were dismissed. The plaintiff in Original Suit No. 25 of 1952 had also filed Regular No. 105 of 1955 before this Court, but that appeal abated by reason of the appellant having died on 31st January, 1956, and the petitions presented in July, 1957, to this Court to set aside the abatement and bring on record the legal representative of the deceased appellant were dismissed, this Court declining to excuse the delay in seeking to set aside the abatement.

(3.) Second Appeals Nos. 531 and 532 of 1954 arise respectively out of Original Suit No. 9 of 1951 on the file of the Court of the District Munsiff, Bellary, and Original Suit No. 166 of 1950 on the file of the Court of the Subordinate Judge Bellary. The former was dismissed and the plaintiff filed Appeal No. 35 of 1953 on the file of the District Court. The latter was decreed and the defendant, the State of Mysore represented by the Deputy Commissioner of Bellary, filed Appeal No. 35 of 1952 on the file of the District Court, Bellary. These appeals with certain others were heard together and disposed of by a common judgment dated the 30th day of November, 1953. The plaintiffs lost in both the appeals, Appeal No. 35 of 1952 having been allowed and Appeal No. 35 of 1953 dismissed. The Second Appeals are by the plaintiffs.