- (1.)This appeal by special leave is directed against the judgment and order dated 17.10.2003 passed by the High Court of Karnataka in R.S.A.No.556 of 1997, whereby the appeal preferred by plaintiff-respondent no.1 was allowed setting aside the judgment and decree of the appellate court in RA No.12 of 1994 and confirming the judgment and decree of the trial court.
(2.)The brief facts of the case of the plaintiff-respondent no.1, as set out in the trial court judgment, are that the plaintiff was an agriculturist and old lady residing at Saidapur village. Whereas, respondent no.2 (defendant no.2) was none other than the son of the plaintiff and was vice president of the appellant-first defendant society, which is a statutory body constituted and functioning under the Karnataka Agricultural Produce Marketing Committee (Regulation) Act. The suit land bearing Sy.No.58/1 measuring 7 acres 19 guntas situated at Saidapur village of Yadgir Taluk, for which Smt. Bannamma plaintiff filed a suit for declaration of title claiming that the property was inherited by her from her father and it was her stridhan property, which is alleged to be standing in the name of the plaintiff since 1954-55. The land Sy.No.58-B has got two hissas as Hissa Nos.1 and 2, each measuring 7 acres 18 guntas and its khasra pahani numbers are 131 and 132 respectively. The property claimed by the plaintiff is Sy.No.58/A bearing Khasra No.131.
(3.)The plaintiff being an old lady, allowed her son second defendant to look after and manage the suit property on her behalf. It is pleaded that taking advantage of the same, second defendant, without the knowledge and consent of the plaintiff, got mutated the suit land in his name on the basis of the release deed. It is contended that second defendant sold the entire suit land to the appellant-first defendant, who purchased the same without verifying the title of second defendant and got a registered sale deed on 28.12.1978(Ex.P.24). The suit land has also been converted into non-agriculture land. The first defendant, thereafter, notified the plots in the property for sale by public auction on 22.12.1989 and 23.1.1990, which came to the information of the plaintiff and consequently she moved the court by filing suit for declaration of title and possession of land and declaration regarding the sale deed.