MARUTHI Vs. GOVIND

JUDGEMENT

(1.) The appellants/plaintiffs filed suit in O.S.No.96/2021 on the file of Senior Civil Judge at Bidar (henceforth referred to as 'Trial Court') seeking judgment and decree of permanent injunction against the respondents/defendants from interfering with their peaceful possession in respect of the suit schedule properties.

(2.) The appellants/plaintiffs are claiming to be in possession of the suit land on the premise that the suit property originally bearing Survey No.102 totally 17 acres 33 guntas was granted by the Land Tribunal, Bidar vide its order dtd. 25/9/1987 passed in case No.LRM/401/74- 75/10182 in favour of five persons namely,

(3.) The respondents/defendants filed written statement contending that an extent of 8 acres 14 guntas of the suit property was purchased by Smt.Gundabai in the year 1965 and another extent of 4 acres 13 guntas was purchased by Smt.Nivrathi in the year 1965. That the respondents/defendants are the legal heirs of aforesaid Gundabai. The respondents/defendants further contended that the plaintiffs are in fact in possession only of 4 acres 14 guntas of land and the remaining extent of land is in their possession by virtue of the sale deeds referred to above. It is also the contention of the respondents/defendants that subsequent to purchase in the year 1965, names of Gundabai and Nivrathi were mutated in the revenue records in the year 1966 and it continued till 1998. The respondents/defendants further contended that questioning the occupancy rights granted by the Land Tribunal, Bidar in favour of the persons referred to by the plaintiffs in its order 25/9/1987, a writ petition in W.P.No.29009/1991 was filed before this Court. This Court by its order dtd. 19/8/1998 allowed the writ petition and had quashed the grant of occupancy rights made by the Tribunal and has remitted the matter for fresh consideration to the Land Tribunal. Both the parties submit that after the remand, no further proceedings have taken place before the Land Tribunal. In that view of the matter, it is contended by the respondents/defendants that title to the suit property is vested with Smt.Gundabai and Smt.Nivrathi to the extent of 12 acres 27 guntas and title, if any, of the plaintiffs is only to the extent of 4 acres 13 guntas. On the aforesaid foundational pleadings, the plaintiffs have sought for relief of permanent injunction, while the respondents/defendants have sought for dismissal of the suit.