RADHAKRISHNA BHAKTHA Vs. RAMANNA SHETTY

JUDGEMENT

(1.) This is a defendant's second appeal against 'the decree passed by the Civil Judge, Udipi in AS. No. 19 of 1965 confirming the decree passed by the Munsiff, Karkal in O.S. 461 of 1965.

(2.) The Respondent-plaintiff instituted the suit on the 4th August 1962 for a declaration that he is the chalgeni tenant of the A schedule property for a permanent injunction restraining the defendant from interfering with his possession and for a mandatory injunction to remove certain encroachments made by the defendant on the A schedule property. The defendant resisted the suit inter alia contending that the plaintiff is not the tenant of the suit land and that he is also not in possession of the same.

(3.) The learned Munsiff, after considering the evidence on record, decreed the suit That decree was affirmed bv the learned Civil Judge in appeal Hence this second appeal by the defendant.