1. These two appeals are arising out of the common judgment dated 04.09.2001 passed by the Principal Civil Judge (Sr.Dn.), Hubballi in R.A.Nos.37/1996 and R.A.No.63/1996, whereby the judgment and decree passed by the Principal Civil Judge (Jr.Dn.) in O.S.Nos.1001/1989 and 1002/1989 has been set aside and consequently, the suits filed before the trial Court are dismissed.

2. The brief facts leading to the appeals are as follows:

(i) The original plaintiff No.1 Smt. Laxmibai and plaintiff No.2 Sri. Aravind filed the above suits for declaration that plaintiff No.1 (Laxmibai) is the full and absolute owner of the suit schedule properties and for a consequential relief to delete the entry in the Record of Rights.

(ii) In O.S.No.1001/1989, the subject matter of the suit is agricultural land bearing R.S.No.7/2 measuring 13 acres 24 guntas situate in Haliyal Village in Hubballi Taluk. In O.S.No.1002/1989, the schedule property is the agricultural land bearing R.S.No.287 measuring 3 acres 28 guntas situate in the same village.

(iii) According to the original plaintiffs, the suit lands originally belonged to the family of the husband of plaintiff No.1, Sri. Venkatesh Narasa Kulkarni. The genealogy of the family was given as under:

Narasa

Venkatesh

Wife(1) Wife(2) Laxmibai

Narayan

(iv) The sum and substance of the pleadings in both the suits is that, in a partition suit between the members of the joint family of Venkatesh Narasa Kulkarni, in Special Suit No.19/1939, a compromise decree was passed on 03.10.1940. In terms of the said compromise decree, the properties comprised in Survey Nos.7/2 and 287 were given to the husband of plaintiff No.1 for his maintenance and the compromise provided that, after the death of her husband, the two lands given to him should be enjoyed by plaintiff No.1 in lieu of maintenance. The husband of plaintiff No.1 died on 06.07.1957. After his death, plaintiff No.1 having found that the above lands were in the possession of Sri.Yallappa, predecessor of the defendants in O.S.No.1001/1989 and Sri. Kamalsab, defendant in O.S.No.1002/1989, instituted a suit in L.C.Suit No.308/1957 on the file of the Joint Civil Judge (Jr.Dn.), Hubballi, for possession of the lands. In the said suit, the defendants asserted among other things that they were bona fide purchasers for value without notice and contended that the plaintiff had no right to obtain possession. The trial Court decreed the suit and held that the defendants therein were bona fide purchasers for value without notice. Against the said judgment and decree, the defendants and other purchasers filed Civil Appeal Nos.171/1959 and 172/1959 in the Court of District Judge, Dharwad. Both the appeals came to be dismissed on 09.02.1962. The learned District Judge while upholding the decree of the trial Court, set aside the finding of the trial Court that the purchasers from deceased Venkatesh and his son Narayana were bona fide purchasers and thus reversed the finding of the trial Court on this issue. As against the judgments of these two appeals, the matter was not further agitated and the decree attained finality.

(v) Further, the plaintiffs pleaded that the plaintiff No.1 took possession of the suit lands on the strength of above decrees and since then 1st plaintiff has been in possession of the suit lands and by virtue of Section 14 of the Hindu Succession Act, 1956 (hereinafter referred to as ‘the Act’, for brevity) she became absolute owner of the above properties. Contending that the defendants have been causing obstruction to the plaintiffs in the enjoyment of the suit lands, she instituted another suit in O.S.No.204/1970 in the Court of Munsiff for permanent injunction. Even the said suit came to be decreed on 27.07.1971. In spite of the said decree, plaintiff No.1 having found the name of defendants’ father entered in the revenue records and the defendants were causing hindrance to the plaintiffs in enjoyment of the suit lands, they filed the above suits