UMESH SHETTY Vs. SESI AND OTHERS

JUDGEMENT

(1.) The case of the plaintiff is that he is the owner in possession and enjoyment of the suit schedule properties. That it was allotted to the plaintiff's mother in a partition deed dated 04.08.1969. After her death, the plaintiff and the other three children are the only legal heirs to succeed to all her assets and as a co -owner/co -sharer. Ever since the date of the partition deed, the plaintiff's mother is in possession and enjoyment of the same. The said lands were never leased to any body and to any tenant. In the month of December 1995, the plaintiff came to know that the 2nd defendant proposed to acquire a portion of the plaint survey number for the purpose of industrial development. Ascertaining the facts, he came to know that the Land Tribunal has granted occupancy right of the plaint property to the 1st defendant's husband late Sri. Uggappa Poojary as per order dated 30.09.1981. Under these circumstances, the present suit has been filed seeking for a declaration, declaring that the order of the Land Tribunal dated 30.09.1981 granting occupancy right in respect of plaint properties to the 1st defendant's husband is illegal, null and void and for a consequential permanent prohibitory injunction. The defendants on appearance denied the plaint averments.

(2.) THE trial Court framed the following issues for consideration:

(3.) BY the order dated 05.02.2010, the appeal was admitted to consider the following two substantial questions of law: