K V RUSHYASHRINGABHATTA Vs. S G NAGENDRA

JUDGEMENT

(1.) THE Plaintiff in OS No. 27/1999 pending on the file of the Civil judge (Jr. Dn.) Sringeri, has filed this revision petition under Section 115 of the Code of Civil Procedure. His grievance is that the Trial court by committing various errors of fact and law, has by the impugned order, stayed further proceedings in the suit by wrongly resorting to the provisions of Section 133 of the Karnataka Land reforms Act, 1961 (in short, the Act ).

(2.) THE relevant facts may be first stated in short. The suit has been filed by the plaintiff seeking permanent injunction restraining the defendants 1 and 2 from interfering with the possession over agricultural land measuring 1 acre 24 guntas in Sy. No. 144 of belandur village. Defendant No. 3 is the brother of the plaintiff. According to the plaintiff and Defendant No. 3, the suit schedule lands, along with other lands, were in possession of the joint family as ancestral properties and the suit schedule land had fallen to the share of the plaintiff in a family partition. On the other hand, according to Defendants 1 and 2, they are in possession of the lands for over last 50 years. But, as could be found from the order of the Trial Court, the defendants have not stated in the written statement that they were on the land as tenants.

(3.) THEREFORE, the only dispute sought to be raised is regarding the factum of possession. The impugned order also discloses that the parties are locked in two more litigations in O. S. No. 61/1995 in respect of the suit schedule properties which has been filed by defendant No. 3 against defendants 1 and 2 and their mother; and o. S. No. 38/1999 filed by Smt Susheelamma, wife of Defendant no. 1, against plaintiff and defendnat No. 3. In these suits also, the relief of permanent injunction has been sought.