MALLIKARJUNAGOWDA RUDRAGOWDA PATIL Vs. VENKAWA RAMCHANDRAPPA SAWKAR

JUDGEMENT

(1.) THIS is a second appeal against a decision of the District Judge of Dharwar.

(2.) THE property in suit originally belonged to one Rudragouda, who died in the year 1914 leaving a widow Basavva but no son. Basavva took possession of the suit property and remained in possession until the year 1934 when she adopted the present appellant. In the year 1924 Basavva incurred certain debts which in this appeal it is admitted were for legal necessity and were therefore binding on her husband's estate. She gave a promissory note to secure those debts, which promissory note passed to respondent No.1 in the present appeal. In the year 1928 she filed a suit to recover the amount due under the promissory note from Basavva, and on August 26, 1928, a decree in her favour was passed against Basavva. Under that decree the suit property, which had belonged to Rudragouda, was attached and brought to sale, and respondent No.3 became the purchaser of the property.

(3.) I agree.