ISHWAR GANAPATIKYASTI Vs. GURULINGAPPA BASHETTAPPA KYASTI

JUDGEMENT

(1.) HEARD Sri B. M. siddappa, learned counsel for the revision petitioner and Sri Rajashekar Seeri holding brief for Sri Mohan shanthana goudar, learned counsel for the respondent 2.

(2.) THIS revision arises from the judgment and order dated 23-12-1994 passed by the principal munsiff, gokak, dismissing the plaintiffs' suit as time barred. The trial court decided the issue as to limitation as a preliminary issue and after having found the suit to be time barred, dismissed the suit.

(3.) ACCORDING to the plaintiffs' case, the plaintiffs who claim to be the sons of one ganapati bashettyappa kyasti of waderhatti and plaintiffs 3 and 4 are his brothers and all of them are cultivating land of their respective shares in the suit property. The plaintiffs claim in the suit a declaration of title to the effect that plaintiffs are kabzedars i. e. , holders in actual possession of the suit land bearing 22, waderhatti, gokak taluk. According to the plaintiffs, they were kabzedars and were paying the land revenue and the defendant/respondent who had been natives of waderhatti, claimed to be in possession of the suit land and according to the plaintiffs, defendant had been encroaching the suit land and creating trouble. So, plaintiffs/revision petitioners filed a suit for permanent injunction against the defendant/respondent namely in suit No. 155 of 1989. The plaintiffs alleged that on 25-7-1993, after the dismissal of the plaintiffs' suit No. 155 of 1989, the defendant again attempted to take forcible possession of the land with a view of occupying it on the strength of judgment in o. s. No. 155 of 1989 whereby the trial court had dismissed the plaintiffs' suit No. 155 of 1989. The plaintiffs alleged the cause of action to have accrued on 25-7-1993 when the defendant caused; obstructions to the plaintiffs' possession and use.