SHIVALINGAPPA SUGIRAPPA KAVISHETTI Vs. VISHNUKANT DURGOSA RAIBAGI

JUDGEMENT

(1.) This is defendants' appeal against the judgment and decree of the lower appellate Court reversing the finding of the trial Court, by which the trial Court had dismissed the suit of the plaintiffs. Parties to this appeal will be referred to by the rank and position assigned to them in the trial Court.

(2.) Plaintiffs filed original Suit No. 52 of 1976 in the Court of the Munsiff, Hungund, praying for perpetual injunction against the defendants (appellants) from interfering with or disturbing the possession of the plaintiffs (respondents) of the suit property. The suit property was a portion of the premises bearing CTS No. 700 in Ilkal town.

(3.) The facts may be briefly stated as follows: Plaintiffs, who are brothers carrying on the business of watch repairing, asserted in the plaint that they were tenants of the lst defendant in respect of, a portion of the shop premises. The shop premises was itself on lease to the 1st defendant by the Mahant Swamiji of Ilkal, the owner of the building. But no relationship of landlord and tenant was claimed between the owner of the building and the plaintiffs. Plaintiffs stated that they were paying a sum of Rs.102 per annum as rent for the portion occupied by them. It was also the case that after 3 or, 4 years the rent was raised to Rs.200 per annum. Plaintiffs stated that there were occasions on which the defendants looted their shop between 5-4-1976 and 6-4-1916 and unauthorisedly obstructed the possession and enjoyment of the suit premises by the plaintiffs. Therefore, the' suit for perpetual injunction.