THOTI VENKATAPPA Vs. SRIRAMALU NAIDU

JUDGEMENT

(1.) This is Defendants appeal challenging the judgment and decree dated 6-12-2003 passed in R.A. No. 49 of 2000 on the file of Civil Judge (Senior Division), KGF, wherein the judgment and decree dated 3-6-2000 passed in O.S. No. 241 of 1988 dismissing the suit of Plaintiff is reversed. In this appeal for the sake of conveniences parties herein are referred to by their rank in the original suit.

(2.) Brief facts leading to this appeal are as under:

(3.) In view of the Karnataka Village Offices Abolition Act, 1961 coming into force on 1-2-1963 the suit schedule land had vested in Government. Hence from 1-2-1963 till 10-6-1973 the date of agreement of sale Defendants were in possession of the suit land as Barawardars, they had no title to the suit property. Subsequent to the Plaintiff was put in possession of suit land under the aforesaid agreement of sale there was some obstruction by Defendants to the possession, cultivation and enjoyment of suit schedule property by Plaintiff. Hence. O.S. No. 40 of 1978 was filed by Plaintiff for the relief of permanent injunction. The said suit came to be decreed by judgment and decree dated 8-3-1983. The said judgment and decree was not challenged by Defendants, therefore, it reached finality. As on the date of decree in O.S. No. 40 of 1978 the Karnataka Village Offices Abolition (Amendment) Act had come into force on 7-8-1978 by introducing Section 5(6) to the amended Act, which prevented holder of said land from entering into an agreement with third parties and that agreement holders would not get any right to such properties. It is further seen that in the year 1980 there was one more attempt by some third parties to disturb the possession of Plaintiff, which resulted in Plaintiff filing the suit in O.S. No. 156 of 1980 against the said third parties which also came to be decreed by judgment and decree dated 8-3-1983. Subsequently, on 5-10-1987 Defendants secured regrant in their favour by order of Tahsildar dated 5-10-1987. Thereafter, Plaintiff filed present suit in O.S. No. 241 of 1988 seeking specific performance of agreement dated 10-6-1973 and for decree of permanent injunction against Defendants to protect his possession, cultivation and enjoyment of suit schedule property pursuant to agreement dated 10-6-1973.