G SIMMANNA Vs. MADDU KARIANNA

JUDGEMENT

(1.) PLAINTIFFS are the appellants.

(2.) THEY filed the suit for declaration of their title to and recovery of possession of the suit A Schedule properties or in the alternative for partition of the suit B schedule properties of which Schedule A constitutes a part in two equal shares and allot one such share to them. In addition, they also prayed for recovery of Rs. 525/- realised from the suit A Schedule lands and kept in deposit during the proceeding under Section 145, Criminal P. C. between the parties and for awarding past and future mesne profite.

(3.) ACCORDING to the plaintiffs, the B Schedule properties originally belonged to defendant No, 7 and his brother A. Gijjanna. There was a partition between defendant No, 7 and the sons of his brother seven or eight years back in which the a Schedule properties were allotted to the former. While being in possession, defendant No. 7 sold the said properties under a registered sale deed dated 3-41962 in favour of the plaintiffs for Rs. 4,500/- and put them in possession. As defendant Nos. 1 to 3 created disturbance in plaintiffs possession, there was a proceeding under S, 145. Criminal P. C. which terminated in favour of the defendants, and therefore, the plaintiffs filed the present suit.