Karnataka Court March 1951 Judgments
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Bommarayigowda and ors. Vs. Kalegowda and ors.
Court: Karnataka
Decided on: Mar-13-1951
Reported in: AIR1951Kant103; AIR1951Mys103; ILR1951KAR407; (1952)30MysLJ89
Yenkata Ramaiya, J.1. The question for decision in this appeal is whether the dismissal of the suit filed by applts. on the ground that it is not a representative type is correct. The undisputed facts are that the properties described in the plaint schedule belonged to the joint family of defts. 1 to 4 of which deft. 1 is manager, that in a suit filed against deft. 1 for recovery of money due by his father to the heirs of one Kale Gowda there was a decree on 16-7-1937 for RS. 1420 against the assets of deceased Das'e Gowda in the hands of deft. 1 & the properties belonging to him: the ap. peal preferred by deft. 1 against the decree was eventually dismissed on 11-9-1940; Deft, l executed a settlement deed on 22-8-1940 giving away the properties to defts. 2 & 3: in execution of the decree against deft, l the properties were sold. Pltfs. 1 & 2 as vendees from the auction purchaser filed the suit from which this appeal arises for declaration of right, possession & mesne profits alleging t...
B. Ramakrishnaiah Vs. T.S. Chandrasekhara Rao and anr.
Court: Karnataka
Decided on: Mar-09-1951
Reported in: AIR1953Kant114; AIR1953Mys114
Balakrishnaiya, J.1. This litigation relates to the redemption of a mortgage with possession of the property in dispute effected in the year 1905 more than four decades ago and ever since, the rights to the property are fluctuating amongstdifferent parties and their representatives whose respective claims will be discussed later.2. The suits were filed in the Court of the District Judge, Mysore. Original Suit No. 45 of 1945-46 is the earlier suit in which the appellant before this Court was impleaded as defendant 6 and the respondents to this appeal as defendants 4 and 5 respectively. The plaintiff in that suit sought for a declaration of title to the suit property in the character of the son and heir of one Hyath Bi who it is alleged was the previous owner of the property and also for a declaration that the sale by defendants 1 to 3 and their mother in favour of defendant 6 is null and void and that defendants 4 and 5 were in possession of the property as trustees for and on behalf of...
Cheluvaiah Vs. Venkataramiah and anr.
Court: Karnataka
Decided on: Mar-08-1951
Reported in: AIR1952Kant57; AIR1952Mys57; ILR1951KAR491; (1952)30MysLJ47
1. The appellant was the owner of five and odd vritties in Jodi Hulisandur village in Turuvekere Taluk. The vritties were sold in a revenue sale for arrears of land revenue and the defendant-respondent, who was another vrittidar in the village, purchased them. The appellant filed applications before the revenue authorities but the sale was not set aside. He thereupon filed two suits. In O. S. No. 457 45-46 on the file of the Second Additional District Judge, Bangalore, he prayed that the revenue sale may be set aside on the ground that no land revenue was due justifying the sale and that even otherwise it was vitiated by fraud. In O. S. No. 27 of 1946-47, on the file of the Second Additional District Judge, Bangalore, (originally No. 589/43-44 on the file of the Subordinate Judge. Bangalore), he contended that the revenue sale, even if valid, does not affect his permanent tenancy rights. He prayed for a decree declaring that he has permanent tenancy rights in the land and granting perm...
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