BASAPPA AND ORS. Vs. RAMACHANDRA AND ORS.

JUDGEMENT

(1.) The defendants in O.S. No. 513/2002, on the file of I Addl. Civil Judge (Jr. Dn.), Dharwad, have come up in this second appeal impugning the concurrent finding of both the Courts below in decreeing the suit of plaintiff for the relief of permanent and perpetual injunction.

(2.) The suit property is R.S. No. 331 measuring 16 acres 17 guntas of Hebballi village in Dharwad taluk, which was undoubtedly the property of plaintiff's grandfather namely Dattobarao S/o. Laxmanrao Jahagirdar @ Heblikar under the Saranjam Inam Land Grant made in the name of his grandfather. It is further not in dispute that the said land was given to the father of defendants 1 to 3 for cultivation as tenant prior to 1950.

(3.) It is seen that there is failure on the part of defendants father in paying the rent as stipulated in the terms of tenancy which has resulted in proceedings being initiated against him and before the Mamlatdar of Dharwad for possession which is decided in his favour by order 3.2.1953 confirming that the possession is reverted back to the grandfather of plaintiff. However it is stated that the defendants tried to disturb the possession and cultivation of suit property by the plaintiff, which has resulted in the present suit in O.S. No. 513/2002 being filed for the relief of permanent and perpetual injunction against defendants 1 to 3.