MALLAPPA BHIMAPPA SHILLI Vs. YALLAPPA

JUDGEMENT

(1.) Plaintiff of an original suit bearing O.S. No. 250/2005 which was pending on the file of the Court of Addl. Civil Judge (Jr. Dn.), Gokak, is before this Court by filing an appeal under Section 100 of CPC. Suit filed by the plaintiff against the respondents herein before the trial Court for the relief of permanent injunction in respect of the agricultural land measuring 2 acres 38 guntas in Sy. No. 773/3 of Konnur Village, Gokak Taluk, has been dismissed after contest vide judgment dated 24.06.2009. Appeal filed by the plaintiff under Section 96 before the Prl. Civil Judge, Gokak, in R.A. No. 24/2009 has also been dismissed after contest. Hence, concurrent findings are called in question before this Court.

(2.) Heard the learned Counsel in regard to admission. Perused the judgments of the trial Court as well as the First Appellate Court.

(3.) Claiming himself to be in lawful possession and enjoyment of the suit schedule property, plaintiff chose to file a suit for the relief of permanent injunction against the defendants. Case of the plaintiff is that his father was a tenant under the defendants and he continued to be tenant till his death and by oversight, he did not file any application in form No. 7 or in form No. 7A after coming into force of Karnataka Land Reforms (Amended) Act, 1974 or 1991. Inspite of not filing applications seeking occupancy right, the plaintiff is stated to be in possession of the same and therefore, he had filed the suit for permanent injunction.