THIPPESWAMY AND ORS. Vs. GANESH TEXTILES MILLS LIMITED AND ORS.

JUDGEMENT

(1.) THE appellants who are plaintiffs in O.S. No. 233/2009 (old No. 59/1998) on the file of the 1st Additional District Judge, Davangere, have come up in this appeal being aggrieved by the dismissal of the suit filed to declare that the sale deeds dated 12 -8 -1946 and 7 -9 -1946 registered before Sub -Registrar, Davangere, in respect of the suit schedule property be cancelled as null and void and further to declare that the sale deeds dated 4 -11 -1946 registered before Sub -Registrar, Davangere executed by late K.T. Jambanna in favour of defendant No. 1 does not bind them and to direct the revenue officers to change the revenue entries to their name in respect of the suit schedule property and also for a perpetual injunction restraining defendant No. 1 from developing, alienating or meddling in any manner with the suit schedule properties.

(2.) HEARD the learned counsel appearing for the parties. According to the plaint averments, the suit schedule properties were owned by late Bheemanna @ Hucha Bheemanna and the same was granted to him by the Government of Mysore in 1940. Bheemanna ,@ Hucha Bheemanna died in the year 1944 leaving behind him his brother Sri Kariyappa and Kariyappa's son by name Sri Durgappa. The plaintiffs are the children of Durgappa.

(3.) ACCORDING to the plaint averments, Bheemanna @ Hucha Bheemanna died on 20th February, 1944 and the two sale deeds came into existence on 12 -8 -1946 and 7 -9 -1946 respectively two years after the death of Bheemanna @ Hucha Bheemanna. It is also their case that Bheemanna @ Hucha Bheemanna was a mentally challenged person and was unmarried. After the death of Bheemanna @ Hucha Bheemanna all his properties were succeeded by their grand -father Kariyappa and father Durgappa and their grand father and father Durgappa were illiterates and addicted to liquor and making use of illiteracy and addiction to liquor by Kariyanna and Durgappa, Jambanna managed to get the sale deeds in his favour even though Bheemanna @ Hucha Bheemanna was not alive. Contending that they came to know of forgery impersonation and fraud committed by Jambanna, contending that after the death of Bheemanna @ Hucha Bheemanna the plaintiffs being the grand children of the younger brother of Hucha Bheemanna succeeded to the properties as reversioners the suit came to be filed.