Jettappa (Dead) by LRs. and Another vs Vasudev (Dead) by LRs. and Another

Leave granted.

We have heard learned Counsel for the Appellants and learned Counsel for Respondent No. 2. The heirs of deceased Respondent No. 1 though served have not thought it fit to appear and contest the present proceedings.

In the second appeal learned Single Judge thought if fit to dismiss the suit of the Appellant - Plaintiffs which was decreed by both the courts below. The main prank of the reasoning of the learned Single Judge is that the Plaintiffs in paragraph 7 of the plaint have themselves stated that Nagappa the paternal grandfather of the Plaintiffs sold the suit house to his brother Rayappa. Therefore, at best, the Plaintiffs can claim as reversioners of Rayappa. It was brought to our notice that paragraph 7 was of the written statement mentioned as aforesaid and not paragraph 7 of the plaint. Hence there was no admission of Plaintiffs on that score. For this apparent error itself, the decision rendered by the High Court on that basis is required to be set aside. Accordingly, this appeal is allowed. The judgment and order rendered by the learned Single Judge in R.S.A. No. 657 of 1993 are set aside. The main R.S.A. S-3 remanded to the High Court for a fresh decision on merits keeping in view the limited jurisdiction u/s 100 of the Code of Civil Procedure. We make it clear that we make no observations on the merits of the controversy between the parties. No costs.