BOWRAMMA Vs. SPECIAL DEPUTY COMMISSIONER MYSORE

JUDGEMENT

(1.) These two writ petitions are filed by one Bowramma who is the petitioner in W.P.No.3644/79 and the second petition is filed by a Firm Malaya Mahadeshwara Enterprises by its Managing Partner. The petitioners claim common interest to maintain these petitions.

(2.) The facts leading to the petitions are as follows. The 1st petitioner claims to be owner of lands in Survey Nos. 191/C and 241/A of Huthur village Kollegal Taluk. The entire extent of 82 cents in S.No.l91/C and the extent of 5 acres and 30 cents in S.No. 241 A was sold by the petitioner in W.P.No. 3644/79 to the petitioner in W.P.No. 3645/79 by a registered sale deed dated 24-7-1977. However, it has to be made clear that part of the land in S.No.191/C has been sold to four other persons who apparently have constituted the partnership which has filed the second of the petitions.

(3.) It is stated that one Halegegowda-respondent-4 in both the petitions purchased the lands in the year 1937. These lands in S.Nos. 191/C and 241A in Huthur village of Kollegal Taluk were in all 13 acres 86 cents. The petitioner in the 1st petition was married to one Chikkannappa who was one of the sons of Madamma who was the sister of the said Halege gowda-4 th respondent. At this point, it is convenient to state that Halegegowda is no longer alive on the date of filing the petitions and is represented by his legal representatives in these proceedings and they are admittedly residents of Germala, Gobicheitty palyam, Coimbatore District, Tamilnadu. The petitioner in the 1st petition has alleged that in the year 1944 late Halegegowda transferred his properties to the sons of Madamma his sister. According to the averment, the entire 82 cents in S.No.191/C was in the exclusive possession and enjoyment of the husband of the petitioner in the 1st petition. Similarly portions in the other survey number were in the possession and enjoyment of other children of the said Madamma,. It is further alleged by the petitioner-Bowramma that late Halegegowda received a total consideration of Rs.1,000/- from her late husband and permitted them to enjoy the, property for over a period of 20 years. It is also alleged that her family improved the property by spending large sums of money and having confidence in late Haleg gowda, the family did not ask for a formal sale deed in its favour. She has contended that she and her late husband have been in continuous possession from 1944 without any interruption. She has also stated that she has acquired title to the property in question by adverse possession.