RUDRAPPA Vs. DANAPPA MALASIDDAPPA

JUDGEMENT

(1.) This appeal by the defendant in the trial Court is directed against the judgment and decree dated 30 7-1977 passed by the District Judge, Bijapur, in RA No. 16/1976 on his file, dismissing the appeal of the defendant on confirming the judgment and decree dated 22-9-1976 passed by the Civil Judge, Bijapur, in OS No. 47/75 on his file, decreeing the suit of the plaintiff as prayed for.

(2.) The plainliff instituted a suit for declaration of his title to the suit property and further for a declaration that the defendant was a tenant under him of the suit property. The plaintiff instituted a HRC proceeding against the defendant in HRC No. 37 of 1972 on the file of the Munsiff, Bijapur for eviction of the tenant from the suit premises. Therein, the tenant raised the contention that he had entered into an agreement of sale with the plaintiff on 6-3-1964 as per Ext. D-1 and that therefore, there was ho relationship of landlord and tenant between the parties. There after, the learned Munsiff held that the case involved a complicated question of law regarding title and directed the plaintiff to get his title declared in a Civil Court. Accordingly, the plaintiff instituted the present suit in OS No. 47/75 on the file of the Prl. Civil Judge, Bijapur.

(3.) The suit was resisted by the defendant on the same grounds that he took up before the HRC Court wherein he contended that he was in possession pursuant to an agreement of sale, vide Ext. D-4 and hence, he could not be a tenant under the plaintiff.