PEERAPPA Vs. BASAMMA

JUDGEMENT

(1.) This appeal is by the defendant and is directed against the judgment and decree dated 25-7-1974 of the Principal Civil Judge, Gulbarga in R. A. No. 21 of 1974 reversing the judgment and decree dated 21-4-1973 of the Munsif, Chittapur in O. S. No. 25 of 1969.

(2.) As early as on 30-8-1966, the respondents/plaintiffs instituted O. S. No. 96/1 of 1966 in the Court of the Civil Judge, Gulbarga for recovery of possession of two agricultural lands detailed in the plaint, past and future mesne profits from the defendants.

(3.) The plaintiffs alleged that the lands were originally owned by one Baswantappa alias Basappa and that on his death in about 1957 they had succeeded to his estate including the lands in dispute as his heirs. But, while so alleging, the plaintiffs did not seek for declaration of their title to the lands. On the other hand, they expressly confined their relief for recovery of possession only on the plea that the defendant had illegally and wrongfully taken their possession in 1955 and has continued to be in wrongful possession ever since then without delivering their possession, when demanded by them. The plaintiffs asserted that their suit Med within 12 years from the date of illegal possession of the defendant was in time (vide para 10 of the plaint). With a view to claim that that Court had pecuniary jurisdiction, the plaintiffs valued the lands &t Re. 10,000/-.