THUNGA BAI Vs. VISHALAKHSI HEGGADTHI

JUDGEMENT

(1.) This revision petition by the plaintiffs arises out of their application for temporary injunction in a suit filed for permanent injunction. The trial Court issued an ad interim order of injunction which was subsequently dissolved and that order was affirmed on appeal by the learned Civil Judge, Udipi. The question is whether that order calls for interference in revision by this Court.

(2.) The subject matter of the suit is an agricultural holding in a locality called Shettibettu in Herga village of Udipi Taluk in the Dist of S.Kanara. That holding described in the plaint A schedule comprises of 4 acres 37cts of wet lands and 4 acres 38 cts of Punja lands with a farm-house and appurtenant buildings. The said properties belonged to an Aliyasantana family of which defendant 1 was a member. In the partition effected in the said family in some year after 1965 the suit A schedule properties were allotted to the share of defendant 1. Before the date of the said partition the suit properties were in the enjoyment of two chalgeni tenants viz Govinda Naika and Badiya Naika.

(3.) Govinda Naika died in about the year 1971 and Badiya Naika died in the year 1972. Plaintiff 1 is the widow and plaintiffs 2 to 7 are the children of Govinda Naika; plaintiff 8 is the widow and plaintiffs 9 & 10 are the children of Badiya Naika. The plaintiffs filed the suit in the last week of Sepr 1973 for permanent injunction restraining the defendants their men and those claiming under them from trespassing upon the plaint A Sch properties and harvesting the Karti paddy crop standing thereon. Their case was that the plaint A Sch properties were being enjoyed by Govinda Naika and Badiya Naika as chalgeni tenants under the family of deft.1 for over 30 years that when a receiver was appointed in OS.58 of 1961 on the file of the Court of the Munsiff Udipi the said Govinda Naika and Badiya Naika attorned tq the receiver and after the A Sch properties came to be allotted to the share of defendant 1 they continued as tenants that on the death of Govinda Naika in the year 1971 and of Badiya Naika in 1972 the plaintiffs who are the heirs have continued as tenants of the said lands. Their further case is that Govinda Naika and Badiya Naika were residing separately with their respective families in portions of the same farm-house in the suit property that at the request of defendant 1 made about 2 years prior to the institution of the suit Badiya Naika allowed the defendants to occupy the portion of the house wherein he resided for a temporary period of three months to enable the defendants to construct a new house. Having occupied the portion of the house the defendants in about June 1973 began to exert force to trespass upon the suit lands and when the Karti paddy crop was ready for harvest the defendants were threatening to harvest the said crop. Therefore they sued for permanent injunction against defendant 1 and her husband defendant 2.