SUMATHI Vs. VITTALA KANCHAN

JUDGEMENT

(1.) THIS appeal arises out of judgment and decree passed by Addl. Civil Judge, Sr. Divn. Udupi, dakshina Kannada in R. A. No. 36/1988 arising out of judgment and decree passed by Addl. Munsiff and JMFC, in O. S. No. 225/84.

(2.) THE appellants who are the plaintiffs filed a suit for delivery of possession of suit schedule house consisting of two tenements and recovery of mesne profits. The plaintiffs contended that the suit house situated in survey No. 64/2 of Ambalpady village in Udupi Taluk along with agricultural land was granted by the Land Tribunal in favour of the father of the plaintiffs by name Raju Poojary. The said house was leased in favour of the defendant on monthly rent of Rs. 10/ -. During the life time, Raju Poojary executed a Will bequeathing the land and the said house in favour of the plaintiffs. Raju Poojary died on 21. 7. 1999. The plaintiffs issued a notice under section 106 of T. P. Act, to seek possession of the same.

(3.) THE defendant in the written statement denied the relationship of landlord and tenant contended that the rent deed produced is held to be forged and concocted. Further, contended that he is a tenant of agricultural land and he has filed Form No. 7 before the Tribunal for grant of occupancy rights, therefore the suit is not maintainable.