GANGAMMA JINAGA Vs. JALAGAR BASAVARAJA

JUDGEMENT

(1.) The present second appeal by the legal representatives of defendant No.5 assailing the judgment and decree dtd. 21/8/2008 in R.A. No.82/2005 on the file of the Principal Civil Judge (Sr. Dvn.) and JMFC, Hospet reversing the judgment and decree dtd. 1/8/2005 in O.S. No.195/2001 on the file of the Addl. Civil Judge (Jr. Dn) and JMFC, Hospet.

(2.) The plaintiff filed suit for permanent injunction stating that the plaintiff is a tenant of the land bearing Sy.No.1336A measuring 3.01 acres of Kampli Town, which is the subject matter of the suit and that though the plaintiff is a tenant, he did not chose to file Form No.VII under the Karnataka Land Reforms Act, 1961 seeking for grant of occupancy rights over the suit schedule property since the relationship between the plaintiff and defendant Nos.1 to 4 were cordial. That defendant No.5 filed Form No.VII before the Land Tribunal for grant of occupancy rights in respect of the suit schedule property and the Land Tribunal by its order dtd. 27/8/1979 conferred the occupancy rights in respect of the suit schedule property in favour of defendant No.5 and defendant No.5 managed to obtain the occupancy certificate in respect of suit land in favour of defendant No.5.

(3.) Further, that on coming to know about the order in favour of defendant No.5, W.P.No.32732/1994 was preferred before this Court and this Court vide order dtd. 9/7/1999 dismissed the writ petition. Aggrieved by which, the writ appeal was preferred. It is stated that, the plaintiff filed Form No.7A seeking occupancy rights under Sec. 77A of the Karnataka Land Reforms Act, 1961 and the same was rejected by the Assistant Commissioner, Hospet holding that the occupancy rights in respect of the suit schedule property has been granted by the Land Tribunal to defendant No.5. It is stated that the plaintiff is in possession of the suit schedule property and is residing in the suit land wherein he has a residential house and the defendants are trying to evict and dispossess the plaintiff from the suit schedule property.