SITARAMA UDUPA Vs. GURURAJA UDUPA

JUDGEMENT

(1.) This matter has been referred to a Division Bench by Venkataramiah J. by his order dated 19-2-1973.

(2.) Sitrarama Udupa the petitioner and Gururaja Udupa the respondent are brothers governed by Hindu Law. Sitarama Udupa instituted O.C. 25/1971 against Gururaja Udupa for a declaration that he is exclusively entitled to the suit lands held on lease-hold rights and for a permanent injunction restraining the defendant Gururaja Udupa, from interfering with his possession. The respondent contested the suit. He contended, inter alia, that the suit lands belong to the Uttaradi Mutt and that in the year 1937 the Mutt granted the lands on lease to the defendant and his father, that after the said grant the defendant and his father have been in possession and enjoyment of the lands as co-owners and that of 3-10-1949, the defendant and his father had executed a chalgeni deed in favour of the Mutt in respect of the same. His further contention was that he is in joint possession and enjoyment of the suit lands along with the plaintiff and consequently, the plaintiff is not entitled to the reliefs prayed for.

(3.) On the pleadings, seventeen issues were settled by the learned trial Judge. Issue No.1 was whether the plaintiff is the exclusive chalgeni tenant in possession and enjoyment of the suit lands. Issue No.16 related to the jurisdiction of the Civil Court to decide Issue No.1 and it reads: