JUDGMENT

R.V. Raveendran, J.—

This is an appeal by special leave against the judgment and decree dated 10.7.2001 in RFA No.181/1996 passed by the High Court of Karnataka reversing the judgment and decree dated 8.12.1995 passed by the III Addl. City Civil Judge, Mayo Hall, Bangalore in his suit OS.No.10653/1987. For convenience, the appellant will also be referred to as ‘plaintiff’ and respondents as ‘defendants’.

2.Appellant filed the said suit alleging that suit land measuring 2550 sq. yds. had been leased in perpetuity by the military authorities (General Officer Commanding, Madras District, Bangalore) to M/s S. Giridharilal & Son, a proprietary concern under a registered lease deed dated 30.9.1921; that the lessee put up several structures thereon and was in possession and enjoyment thereof as absolute owners; that G. Anraj Sankla, proprietor of Giridharilal & Son was declared as insolvent in Insolvency Case No.7 and 12 of 1940 on the file of the District Judge, Civil & Military Station, Bangalore and the Official Receiver took charge of the insolvent’s properties including the said land with buildings (for short ‘suit property’); that the Official Receiver put up the suit property