JUDGMENT :

THE APPEAL

1. This civil appeal arises from the judgment and decree dated 29th November, 2010 rendered by the Karnataka High Court, whereby an appeal under section 100 of the Code of Civil Procedure, 1908 (“CPC”, hereafter) was allowed, resulting in restoration of the decree passed by the Trial Court and setting aside of the first appellate decree dismissing the suit of the plaintiff – respondent (“plaintiff”, hereafter).

BRIEF RESUME OF FACTS

2. The factual matrix of the case, insofar as is relevant for the purpose of a decision on this appeal, is set out hereinbelow:

i) The pleaded case in the plaint is that land comprised in Sy. No. 3, measuring 187 acres 38 guntas, in Navarathna Agrahara, Hobli, Devanhalli Taluk, Bangalore, devolved upon the plaintiff’s predecessor-in-interest, K. Muniyappa @ K. Shamaiah vide a Family Settlement Deed dated 30th July, 1953.

ii) 15 acres out of the said land was sold by K. Shamaiah to the vendor of the plaintiff, i.e., Smt. Akula Yogamba (“plaintiff’s vendor” hereafter) vide registered sale deed dated 14th February, 1958.

iii) The Mysore