LAWS(KAR)-1980-7-29

SAGAWWA Vs. YAMNAPPA

Decided On July 25, 1980
SAGAWWA Appellant
V/S
YAMNAPPA Respondents

JUDGEMENT

(1.) The plaintiffs in O.S, No. 147/70 on the file of the Munsiff, Shorapur, have filed this second appeal by way of their third attempt having failed twice both in the lower appellate Court as well as in the trial Court in securing a judgment and decree in their favour in the suit filed by them which was one for a permanent injunction against the defendants to restrain them by way of an injunction not to interfere with the alleged possession of the plaintiffs in respect of the eastern half portion measuring 11 acres 36 guntas comprised in Sy. No. 209 situate in Wagingera village of Shorapur Taluk in Gulbarga District.

(2.) The material facts relevant for disposal of this appeal are as under : The plaintiffs brought the suit O. S. No. 147/70 against the defendants on the file of the Munsiff, Shorapur, for a permanent injunction on the ground that they were the tenants in possession of eastern half portion measuring 11 acres 36 guntas in Sy. No. 209 of Wagingera Village in Shora- pura Taluk. The suit was resisted by the defendants by filing a joint written statement contending inter alia among others that the defendants were cultivating the entire survey number as tenants prior to August 1970 and purchased the entire survey number from its owner for a consideration of Rs. 12,000 under a registered sale deed dated 10-8-1970 and since then they have been in actual possession of the land in question as owners.

(3.) The trial Court framed the following issues :