JUDGEMENT
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(1.)This petition under Section 115 of the Code of Civil Procedure is directed against the order made by the First Additional Munsif, Belgaum, in Regular C. S. No. 168 of 1963 wherein he recorded findings on first two issues relating to the jurisdiction of the Court to entertain the suit. He held that the Court had the necessary competence and jurisdiction to entertain the suit and it is the correctness of this finding that is being challenged in this petition by the first defendant.
(2.)The facts which are necessary for the purpose of this case may shortly be stated as follows: One Vasudeo was the paternal uncle of the plaintiff. In pursuance of an agreement between the plaintiff and his uncle Vasudeo, the suit properties were given to Vasudeo's possession for his maintenance and enjoyment during his lifetime only. He had no right to make any disposition of the property beyond his lifetime. Vasudeo died in the year 1962. Before his death, he mortgaged two lands, revision survey Nos. 421 and 457 in favour of the first defendant. These two lands are situate in a place called Kowad, which now forms part of the State of Maharashtra. Another piece of land bearing revision survey No. 335 situate in Desur village in Belgaum Taluka was alienated by him in favour of the father of defendants 3 to 5. These three lands are the subject-matter of the suit. For the sake of brevity, the lands transferred in favour of defendant 1 shall be referred to as Kowad lands whereas the land sold to the father of defendants 3 to 5 shall be referred to as Desur land.
(3.)After the death of Vasudeo, plaintiff filed the present suit in the year 1963 challenging the transfers of the suit in the year 1963 challenging the transfers of the suit lands made in favour of the defendants as illegal. He, therefore, claimed possession of them after the death of Vasudeo.
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