RAMAPPA MALLAPPA KARUNNAVAR Vs. VINAYAK SHRIPATRAO PATWARDHAN

JUDGEMENT

(1.) This second appeal is by the plaintiff in LC. Suit 171 of 1964 on the file of the First Addtional Munsiff at Dharwar. It is directed against the judgment and decree, dismissing the suit of the appellant in reversal of the judgment and decree of the learned Munsiff. made by the learned Civil Judge, Dharwar in CA. 38 of 1966.

(2.) The first respondent herein is admittedly the owner of the suit property. The second respondent is the tenant inducted for the first time in 1957.

(3.) The relevant facts, briefly stated, are as follows : The suit is one for possession of the suit land bearing Rs.38, situated in Guddadada Hulikatti in Kalghatgi Taluks of Dharwar District. Admittedly, it belonged to the first respondent. The case of the appellant is that his father was a protected tenant on the land in accordance with the Bombay Tenancy and Agricultural Lands Act, 1948, hereinafter referred to as the Tenancy Act. The father of the appellant is stated to have died about 8 or 10 years prior to the present suit. In the year 1957-58 for the first time the second respondent in collusion with the first respondent dispossessed the appellant of four acres of land m the first instance. It is alleged that the respondents in collusion with each other and with the assistance of the Village Officers got entries made in the relevant Revenue Records in their favour. There was also a Long Cause Suit 319 of 1962 for a mere injunction in respect of this property filed by the respondents. The said suit was decreed on 30-9-1962. The appellant, therefore, was compelled to file the present suit for possession on the ground that he still continued to bo a protected tenant on the land and that he had been unlawfully dispossessed of the same.