JUDGMENT

S.H. KAPADIA, J. - This civil appeal arises out of judgment and decree rendered by the Karnataka High Court on 22 - 3 - 1999 filed under Section 96 CPC against judgment and decree dated 11 - 10 - 1996 passed in as No. 3656 of 1981 on the file of the City Civil Judge, Bangalore, decreeing the suit for declaration. By the impugned judgment, the High Court has set aside the judgment and decree dated 11 - 10 - 1996. Hence this civil appeal has been filed by the LRs of deceased Krishnamurthy S. Setlur (the original plaintiff).

2. The facts giving rise to this civil appeal are as follows:

One Kalyana Sundram Iyer was the owner of the suit properties. H.R. Narayana Iyengar (represented by his LRs) claimed to have purchased the suit properties from Iyer under sale deed dated 10 - 7 - 1942. At the relevant time, one Shyamala Raju was the cultivating tenant. Iyengar (since deceased) claimed that he had terminated the tenancy in 1948. On termination of the tenancy disputes arose between Iyengar and Shyamala Raju. Consequently, Suit No. 79 of 1949 came to be instituted by Iyengar in the Court of the Second Munsif, Bangalore. The suit was instituted by Iyengar against K.S. Setlur and S