KHAMBRUNISSA Vs. PYUARUKHAN

JUDGEMENT

(1.) This appeal is filed by the legal representatives of deceased defendant No.2 in O.S.No.124/2013 challenging the judgment and decree of the First Appellate Court in R.A. No.89/2015 by which it reversed the judgment and decree of the Trial Court in O.S.No.124/2013 decreeing the counter claim filed by the defendant No.2.

(2.) The plaintiff filed a suit for perpetual injunction in respect of land bearing R.S. No.121 of Mathodu village, Holalur hobli, Shivamogga taluk measuring 1.39 guntas and claimed that the said property was granted to him in the year 2004. He claimed that he was cultivating the said property for more than 30 years before the grant and was residing in a house situate on the suit property. He alleged that the defendants were trying to grab the suit property from the plaintiff and hence, sought for perpetual injunction.

(3.) The defendant No.2 contested the suit and claimed that they were the owners of 6-32 acres along with 18 guntas in kharab Sy. No.121 of Mathodu village and were in possession for more than 50 years. He claimed that his father was cultivating the aforesaid property as a tenant under Kudli Mutt as the said property belonged to the Mutt. The defendants claimed that they were in peaceful possession and enjoyment of the aforesaid property which was described in the written statement. They claimed that it was the plaintiff who attempted to interfere with their possession on 18/2/2013. The defendants sought counter claim of injunction against the plaintiff in respect of the written statement property.