NALINIKANT Vs. RAMACHARYA BUKLI

JUDGEMENT

(1.) IN this revision under Section 115 of the CPC judgment-debtor No. 3 in ex. P. 36 of 1997 on the file of the principal civil judge (junior division), bagalkot, has questioned the legality of the order dated 20-9-1999 directing the senior a. d. l. r. , bagalkot to measure and handover possession of certain land admeasuring 275' east-west and 634' north- south in t. p. No. 39 to the decree-holders.

(2.) BOTH the learned counsels for the revision petitioner and the caveator /decree-holders submitted that the matter may be taken for final disposal. Accordingly, they are heard in the matter.

(3.) FEW facts necessary for the disposal of this revision may be stated thus: certain venkobacharya bin anantacharya burli is the grandfather of plaintiff/decree-holder and was the owner of a portion of open site in sy. No. 39 of bagalkot measuring 275' east-west and 634' north-south. He leased this open site in favour of binny company of Madras in the year 1889 for a period of 90 years, from 15-7-1889 to 15-7-1979 at a fixed annual rent of Rs. 40/ -. Ex. P. 115 in o. s. No. 120 of 1959 is the lease deed. It would appear that the binny company took the site for installing ginning and pressing machines and for putting up construction for other purposes also. Accordingly, binny company put up certain constructions and installed ginning and processing machines. Subsequently, it is stated that binny company transferred its tenancy rights in favour of ningappa hallur and veerabhadrappa garadi who in turn transferred their rights in favour of one sheelavantappa in 1929 for Rs. 1,800/ -. Undisputed case is that said sheelavantappa transferred his rights in half of the area in favour of one balakrishnadas gujjar in 1932 and the remaining half in 1933. Defendant 1-malini bai and defendant 2-sharada bai are the two wives of balakrishnadas gujjar. Sharada bai had a son by name bhanudas and he died unmarried. Defendant 1 died in the year 1960. Defendant 2 it is stated adopted defendant 3-nalinikant ramadas gujjar, revision petitioner herein as her son on 5-4-1954. balakrishnadas gujjar also died in the year 1947. things as it stood, landlord terminated the tenancy and instituted eviction proceedings against defendants 1 to 3 and their sub-lessees in civil suit No. 120 of 1959 on the file of the munsiff, bagalkot under Section 13 (l) (a), (e), (j) and (k) of the Bombay rent Act, repealed and replaced by the Karnataka Rent Control Act, 1961. Defendants resisted it and after contest it was dismissed. Aggrieved by the said Order, landlord filed h. r. c. appeal No. 13 of 1972 in the court of the additional district judge, bijapur and that appeal also came to be dismissed on 16-8-1975. Thereafter, landlord approached this court in c. r. p. No. 39 of 1976. By judgment dated 22-7-1983, this revision was allowed, judgment and decree of both the trial court and as well the first appellate court were set aside and decreed that the landlord is entitled to recover possession of the premises indicated above, time was prayed on behalf of the third defendant to vacate and handover vacant possession and therefore six months time was granted.