N.P. ANANDEGOWDA S/O PUTTASWAMYGOWDA, SHRI JAVARAIAH S/O SUBBAIAH, SHRI JEENEGOWDA AND SHRI VEERABADRAIAH S/O GOOLIGOWDA Vs. SHRI BASAVALINGAIAH S/O ANDANAIAH

JUDGEMENT

(1.) THE appellants were the defendants before the trial Court in a suit for injunction, which was later converted into suit for declaration and possession and the same having been, decreed, has been affirmed by the First Appellate Court which is sought to be challenged.

(2.) THERE are several contentions taken by the Counsel for the appellants. Firstly, that the appellants have been in possession for over 20 years and sought regularisation before the competent authorities under the Karnataka Land Revenue Act. That the alleged grant made in favour of the plaintiff has been cancelled by the Assistant Commissioner which order has been affirmed by the Deputy Commissioner and further, on appeal to the Land Tribunal, there is no interim order in favour of the respondent and therefore, would submit that the Courts below have completely overlooked the material evidence produced by the appellants to establish their continued possession over the suit property, while accepting the case of the plaintiff which was nebulous and was sought, to be improved upon in several stages, as was apparent from the fact that the suit initially, was filed for bare injunction and then improved in installments by seeking amendment and additional reliefs'. This itself was evident of plaintiff's doubtful claim over the suit property and the Counsel for the appellants would in this vein raise other contentions to demonstrate that the Courts below were in error in law and in fact.