VITHOBA AND ORS. Vs. REVAPPA

JUDGEMENT

(1.) THE defendants have filed this second appeal challenging the judgment and decree of the First Appellate Court dismissing the regular appeal filed by them and confirming the judgment and decree passed by the Trial Court decreeing the suit.

(2.) THE respondent herein filed O.S. No. 108/2000, in the Court of the Principal Civil Judge (Jr. Dn.) at Sindagi, for a decree of permanent injunction restraining the appellants from causing obstruction for peaceful possession and enjoyment of the land measuring 4 acres in Sy. No. 276/2B of Devarnavadagi Village. The case of the plaintiff, sans unnecessary details was, that he is the owner and possessor of Sy. No. 276/B of Devarnavadagi Village and got the same by virtue of the occupancy rights granted by the Land Tribunal, Sindagi, in favour of his grand father - Bhimaraya Jivappa Chadakavate @ Yatanur. After the death of his grand father, the suit land was mutated in the name of his father and a partition having been effected by his father, i.e., between the plaintiff and his brothers, in the year 1996, the suit land was allotted in his favour and that he continues to be in possession and cultivation of the suit land as owner and that the defendants, without having any manner of right, title or interest on the suit land, attempted to dispossess him.

(3.) THE Trial Court considering the pleadings of the parties framed the following issues: