Karnataka Court July 1949 Judgments
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Rukn-ul-mulk Syed Abdul Wajid and ors. Vs. R. Vishwanathan and ors.
Court: Karnataka
Decided on: Jul-29-1949
Reported in: AIR1950Kant33; AIR1950Mys33
Medapa, C.J. and Mallappa, J.1. The appellants in these two regular appeals are defendants 1 to 3 in O.S.No. 60 of 1944 on the file of the District Judge, Civil & Military Station, Bangalore, as well as in O.S. No. 56 of 1942-43 on the file of the District Judge, Bangalore City, re-numbered as O.S. No. 60 (A) after its transfer to the District Court, Civil & Military Station, Bangalore. These two suits were disposed of by a common judgment and it is against this judgment of the District Judge, Civil & Military Station decreeing the two suits as prayed for that the appellants have come up in appeal. The appeals were first heard by Sri Balakrishnaiya and Sri V. Kandaswami Pillai JJ but on a difference of opinion, they were referred to a Full Bench by Sri Balakrishnaiya J. and have come up, therefore, for decision before the Full Bench.2. The three plaintiffs in the two suits referred to above are sons of V. Ramalinga Mudaliar who died after disposing of the plaint schedule properties und...
Doddamadiah and ors. Vs. Mallappa
Court: Karnataka
Decided on: Jul-08-1949
Reported in: AIR1953Kant6; AIR1953Mys6
Ramaiya, J.1. This is an appeal by the defendants in a suit for possession of a house conveyed by them under a registered sale deed to theplaintiff. Out of the consideration of Rs. 800/-mentioned in the sale deed Rs. 400/- was paid onthe date of the document. Towardsthe balance of Rs. 400/- Rs. 185/-was payable at the time of registration and Rs.215/- had to be paid to one Nanjundaradhya aprior mortgagee of the property. Exhibit E is thesale deed dated 19/2/1944 and Exhibit E (1) isthe consideration receipt for payment of Rs.400/- executed by the defendants on the sameday.Possession of the property was not delivered to the plaintiff and one of the terms of the sale deed is that the defendants could remain in possession of the same for 3 months within which they had to construct a new residence. The defendants while admitting the execution of the sale deed and the consideration receipt pleaded that the sale was cancelled by means of the document, Exhibit I, dated 8/5/1944 wherein the pl...
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