Ashok VS Annapurna

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SREENIVAS HARISH KUMAR
Ashok – Appellant
Versus
Annapurna – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Sri. Sachin S Magadum, Advocate
For the Respondent Nos.1 to 5:Sri. R.M. Hiremath and Sri Harish S Maigur Advocate
For the Respondent Nos.12 and 13: Sri Dinesh M Kulkarni, Adcocate
For the Respondent Nos.6 to 11: Served with Notices

JUDGMENT

Sreenivas Harish Kumar, J.—Interwoven transactions have led to examine the application of Section 43 of Transfer of Property Act (for short, “T.P. Act”) with respect to a sale transaction dated 14.08.1985.

2. This appeal has arisen out of judgment in Final Decree Proceedings No.05/2003 on the file of Senior Civil Judge, Bailahongal. The background may be briefly stated as follows:-

“02 acres 26 guntas of land and another small piece of land to the extent of 389 3/9 square yards in Survey No.443 of Bailahongal earlier belonged to one Channaveerappa Chanabassappa Jawali. On 01.09.1895 he leased out only 2 acres 26 guntas of land to Bailahongal Cotton Pressing Company Ltd., under a registered lease deed for 99 years. This company went into liquidation. During the liquidation process, one Shekharappa Veeru-pakshappa Metagud purchased the leasehold rights of the company. This lease being in force, the owner of the land, Channaveerappa Chanabassappa Jawali, sold the entire land including 389 3/9 square yards to one Raghavendra Kalamdani by executing a registered sale deed in the year 1912. On 25.05.1945, this Raghavendra Kalamdani sold this entire land to one Shivabasavayya Ga