BASAMMA Vs. PEERAPPA

JUDGEMENT

(1.) This appeal is by the defendants and is directed against the judgment and decree dated 21-11-1974 of the Addl. Civil Judge, Gulbarga in R.A. No. 106 of 1973 affirming the jndgment and decree dated 20-10-1973 of the Munsif, Chittapur in O. S. No. 54 of 1969.

(2.) Agricultural lands bearing Sy. Nos. 1 and 2 measuring 2 acres 4 guntas and 6 acres 14 guntas respectively of Margol village, Chittapur Taluk, Gulbarga District, which were originally owned by one Baswantappa, the husband of defendant No. 1, are in possession of the respondent/plaintiff, at any rate from 1955, if not earlier. After the death of Baswantappa sometime in 1957, there have been a number of disputes between defendant No. 1 and the plaintiff concerning the said lands.

(3.) On 25-11-1968 defendant No. 1 instituted O. S. No. 102 of 1968 in the Court of the Munsiff, Chittapur, against the plaintiff and four others for a permanent injunction to restrain them from interfering with her alleged possession of the said lands. On an application made by defendant No. 1 the said suit, the learned Munsiff on the same day granted an exparte temporary injunction on these terms: