PARAMASHIVAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) AGGRIEVED by the order passed by the single judge dismissing the writ petitions thereby confirming the order annexure-'l' passed by the land tribunal, Bangalore south taluk, Bangalore, (hereinafter referred to as 'the tribunal') rejecting the claim for confirmant of occupancy right in respect of land measuring 26 acres 29 guntas in sy. no. 72, 73, 74, 75, 82 and 83 of chikkayellur village, tavarekere hobli, magadi taluk, the appellants have come up in these appeals.

(2.) FACTS:basavaiah @ basavagowda, father and predecessor in interest of the appellants was the owner of the land bearing sy. no. 72, 73, 74,75, 82 and 83 in all measuring 26 acres 29 guntas. He agreed to sell the land in favour of one hanumayya (now deceased) father and predecessor in interest of respondents 3 (a) to (h) by an agreement of sale dated 10th of February 1966. Since the said basavayya refused to execute the sale deed in pursuance to the agreement of sale, hanumayya filed suit o. s. no. 39/69, on the file of the court of principal civil judge, Bangalore, for specific performance of the agreement to self. The suit came to be decreed on 30th of March 1971. Thereafter, in execution case no. 343/71, the sale deed dated 15th of November 1971 came to be executed in favour of said hanumayya. On 14th of December 1971, it appears that possession of the lands in question was also delivered to the said hanumayya.

(3.) THEREAFTER the appellants and some others, on 12th of December 1974, filed o. s. no. 133/74 for setting aside the judgment and decree dated 30th of March 1971 in o. s. no. 39/69. Prayer was also made to set aside the proceedings in execution case no. 343/ 71 and for permanent injunction restraining the defendants from interfering with the possession of the plaintiffs in the suit land. O. s. no. 133/74 was dismissed by the principal civil judge, Bangalore city. The same was called in question in appeal r. a. no. 8/78, on the file of the third additional district judge, Bangalore city. Appellate court, by the judgment and decree dated 10th July 1979, dismissed the appeal thus confirming the judgment and decree passed by the trial court.