SHANTHAMALLAPPA Vs. MADAVAN

JUDGEMENT

(1.) The plaintiffs who have failed in both the Courts below are the appellants in this appeal. They filed the suit O.S. No. 34 of 1971 in the Court of the Civil Judge, Coorg, Mercara, for declaration that the sale dated 25-4-1962 (evidenced by Ex. D-1) made by one Maribasavegowda in favour of the defendants is not binding on them and for further declaration that they are the owners of the suit lands and for possession. They have also prayed for grant of past and future mesne profits.

(2.) The defendants contested the suit.

(3.) The undisputed and proved facts are that Maribasvegowda and the plaintiffs belong to the same family. Suit for partition in O.S. No. 2 of 1958 in regard to the joint family properties of this family was filed. Compromise decree as per Ex. D-2 dated 31-3-1958 was passed. Suit items were allotted to the share of Maribasavegowda. On 5-7-1960 Maribasavegowda entered into an agreement of said of these suit items in favour of the defendants by executing Exhibit P.3. The defendants filed O.S. No. 9 of 1961 against Maribasavegowda praying for a decree of specific performance of the agreement of sale and obtained a decree. They executed that decree. Sale deed Exhibit D-1 came to be passed in their favour. They obtained possession of the properties also.