BABY Vs. LEELAVATHI SHETTIGARTHY

JUDGEMENT

(1.) Heard the learned counsel for the appellants.

(2.) This appeal is filed against the concurrent finding and claim of the plaintiff before the Trial Court that the plaintiff and his predecessors were cultivators by profession, cultivating agricultural lands on tenancy right. The said agricultural lands were being cultivated by the various branch families of the ancestors of the plaintiff separately by dividing it in separate block of lands. After coming into force of the Karnataka Land Reforms Act, 1974, the plaintiff and other branch families applied for grant of occupancy right in respect of the properties cultivated by them separately. The Land Tribunal Udupi after holding necessary enquiry has granted occupancy right to all the branch families of the plaintiff including the plaintiff separately in respect of the lands cultivated by them as per the order dtd. 15/9/1981. The plaintiffs' property bearing Sy.No.282/4 portion measuring 26 cents and the property of the defendant Nos.1 to 7 bearing Sy.No.282/4 portion measuring 30 cents are adjacent plots.

(3.) The aforesaid property of defendant Nos.1 to 7 is situated to the west of plaintiffs' property. The dispute is lingering between the parties pertaining to the aforesaid two properties. The plaintiff has constructed a house, hatti, kottige etc., in his property during the year 1991, whereas the late husband of the 1st defendant and the father of defendant Nos.2 to 7 late Sadashiva Shettigara had constructed a house, hatti kottige etc., during his life time in his aforesaid property in the year 1981. Apart from that the plaintiff and defendants have been allotted with some more properties which are not in dispute.