MUNDLUR GANGAPPA Vs. RAJALA HANUMANTHAPPA

JUDGEMENT

(1.) The appeal and the cross-objections arise out of the Judgment of the Additional District Judge, Anantapur, in O S. No. 25 of 1956. The facts which have given rise to this appeal maybestated. Bya deed of sale, dated the 19th June, 1936, the plaintiff purchased from one Nagappa an extent of 65 acres of land, specified in the plaint A schedule. Pursuant to the salein his favour, the plaintiff obtained possession of the land. The first defendant purchased the very same land in execution of a decree obtained by him against Nagappa in O.S. No. 641 of 1931 on the file of the District Munsif's Court, Bellary, and obtained possession of the same after dispossessing the plaintiff on the 12th August, 1945. Shortly thereafter, the plaintiff filed E.A. No. 336 of 1945 for restoration of possession of the land but his application was dismissed after contest on the 22nd September, 1946. He thereupon filed a suit, O.S. No. 41 of 1946 on the file of the District Court, Anantapur, for setting aside the order on E.A. No. 336 of 1945, which was eventually transferred to the Sub-Court, Anantapur, and numbered as O.S. No. 40 of 1946. The first defendant resisted the suit inter alia on the grounds that the sale deed in favour of the plaintiff was a nominal and collusive document, and that he had acquired a good title by virtue of the Court sale. By its judgment dated the 21st July, 1947, the Sub-Court decreed the suit holding that the sale deed in favour of the plaintiff was supported by consideration and that the purchase by the first defendant could not prevail over the tide of the plaintiff.

(2.) After the disposal of the suit, the first defendant filed I.A. No. 191 of 1947 in the Sub-Court for stay of further proceedings. Further proceedings were stayed on condition that the first defendant should deposit a sum of Rs. 1,000. This amount was deposited by the first defendant. Against the decree granted by the Sub-Court in favour of the plaintiff, the first defendant filed A.S. No. 139 of 1947 on the file of the District Court, Anantapur, and, on an application made by him, the Appellate Court confirmed the stay of further proceedings granted by the trial Court. A.S. No. 139 of 1947 was dismissed on 6th April, 1948.

(3.) Against the judgment of the appellate Court, the first defendant preferred S.A. No. 1220 of 1948 on the file of the High Court of Madras, and during the pendency of the appeal, obtained stay of further proceedings pursuant to the decree granted by the trial Court on condition that the first defendant should furnish security for a sum of Rs. 2,000 to the satisfaction of the District Court, Anantapur. On the 23rd March, 1949, the second defendant furnished security for the said sum. On the loth December, 1951, the High Court of Madras dismissed the second appeal filed by the first defendant.