MARIYAMMA Vs. DEPUTY COMMISSIONER KOPPAL DISTRICT KOPPAL

JUDGEMENT

(1.) The appellant herein is the plaintiff in O.S. No. 12 of 2003. THE suit in question was instituted for the relief of declaration and mandatory injunction. THE Trial Court after considering the rival contentions decreed the suit by its judgment and decree dated 28-8-2003. THE defendants were before the lower Appellate Court in R.A. No. 12 of 2003. THE lower Appellate Court by its judgment dated 9-9-2004 has set aside the judgment and decree of the Trial Court and consequently dismissed the suit. THE plaintiff therefore claiming to be aggrieved by the divergent view expressed by the Courts below is before this Court in this second appeal.

(2.) The case of the plaintiff is that, they belong to Hindu Madiga Caste. In this regard, it is contended that her son Gunturi Ravikumar, who was born on 7-7-1990 at Gangavati also belongs to the said caste and the said son studied at Janata Seva English Medium School, Julynagar, Gangavathi from 1st standard to 6th standard. THE case of the plaintiff is that while admitting her son to the school, the husband of the plaintiff had got filled up the application form by others and in the said application form caste was wrongly mentioned as Hindu Chaluvadi instead of Hindu Madiga. It is in that context, the plaintiff being armed with the caste certificate issued by the Competent Authority in respect of her son Gunturi Ravikumar and also her husband approached the school authorities seeking for rectification of the school records to indicate the caste at Hindu Madiga instead of Hindu Chaluvadi. THE request of the plaintiff was not accepted and as such the plaintiff instituted the suit.

(3.) The Trial Court ultimately accepted the case of the plaintiff and decreed the suit. In the appeal filed by the defendants, the lower Appellate Court while reversing the judgment and decree of the Trial Court has in fact relied on the documents produced by the defendants at Exs. D.1 and D.2 and has observed that in the light of the said documents, the Trial Court could not have accepted the evidence tendered by P.W.1 alone for the purpose of its conclusion. Hence the lower Appellate Court was of the view that the relief prayed for in the suit could not have been granted by the Trial Court. In this regard, lower Appellate Court has noticed that in fact the husband of the plaintiff himself has mentioned the caste as Hindu Chaluvadi instead of Hindu Madiga and at this stage they cannot resile from the same.