SHARADAMMA Vs. BYRAPPA

JUDGEMENT

(1.) this regular second appeal is filed against the judgment and decree dated 3-10-1980 passed in r.a. No. 82/1980 on the file of the civil judge, tarikere, setting aside the judgment and decree dated 30-10-1979 in O.S. No. 6/1977 on the file of the munsiff, tarikere.

(2.) the appellant-plaintiff filed a suit in O.S. No. 6/1977 on the file of the munsiff, tarikere, for declaration of title and for permanent injunction against the defendants. The suit was decreed as prayed for by the learned munsiff by his judgment dated 30-10-1979. The respondent, who was defendant-1 before the trial court, preferred an appeal before the civil judge, tarikere, in r.a, No. 82/1980. The learned civil judge allowed the appeal by his judgment dated 3-10-1980. The appellant (plaintiff) has challenged this judgment in this second appeal.

(3.) this appeal can be disposed of on the consideration of the effect of benamitran sactions (prohibition) Act, 1988 on the facts of the case.