Karnataka Court October 1960 Judgments

Gurappa Vs. Renukadas and anr.

Court: Karnataka

Reported in: AIR1962Kant10; AIR1962Mys10

K.S. Hegde, J.(1) To pronounce on the question of law debated before us, it is necessary to State the relevant facts. The suit which has given rise to this appeal was instituted on 5-11-1950. The matter was taken up in second appeal to the Hon'ble High Court of Hyderabad in S.A. 334/1951-52. It went up before a Division Bench consisting of Qamar Hasan and Manohar Pershad, JJ. The question that had to be considered by the Bench was one of fact. The learned Judges differed in their conclusions as to the correct conclusions to be arrived at and therefore referred the matter to a third Judge, but before the matter could be decided by the third Judge the States Reorganisation Act came into force and the area from which this litigation arose came within the jurisdiction of this High Court. Consequently the appeal was transferred to the file of this Court. (2) When the appeal was taken up for hearing by my learned brother Iqbal Hussian. J., the learned counsel for respondent contended that as...