SANNABASAPPA Vs. BASAPPA

JUDGEMENT

(1.) The captioned second appeal is filed by unsuccessful defendant who has questioned the concurrent findings of the Courts below wherein the plaintiff's suit for declaration and injunction is decreed by both the Courts.

(2.) For the sake of convenience, the parties are referred to as per their rank before the trial Court.

(3.) The plaintiff contends that he along with his brother Yallappa were jointly cultivating the suit land bearing Survey No.21/2 measuring 9 acres 35 guntas as tenants. The plaintiff contended that the Tribunal has granted occupancy rights and pursuant to the same, somewhere in November 1990, there was a partition between plaintiff and his brother Yellappa orally and out of 9 acres 35 guntas, the plaintiff was allotted 4 acres 37 guntas on the northern side while the southern portion measuring 4 acres 38 guntas was allotted to the share of Yallappa. The plaintiff alleged that the present defendant who is also one of the brother and who is no way concerned to the suit land, in collusion with Yallappa has played mischief and got his name mutated under mutation entry dtd. 12/12/1990. The plaintiff alleges that the mutation is effected behind his back and therefore, the present suit is filed seeking the relief of declaration of title and consequential relief of injunction.