BASAPPA Vs. BASAPPA AND ORS.

JUDGEMENT

(1.) HEARD Sri. P. Nataraju, learned counsel appearing for appellant and Sri. P. Mahesha, learned counsel appearing for respondent Nos. 3 (a) and 3(c). Other respondents are served and unrepresented. Records of trial Court has been secured. By consent of learned Advocates appearing for parties, appeal is examined on merits. Parties are referred to as per their rank in the trial Court.

(2.) PLAINTIFF claiming ownership of 30 guntas of land in Sy. No. 113 situated at Hemmaragala Village, Nanjangud Taluk, Mysore District, which is morefully described in plaint schedule, sought for a perpetual injunction against defendants contending inter alia that his father had filed an application for regrant of occupancy rights in respect of two (2) items of land namely, 30 guntas in Sy. No. 113 and 15 guntas in Sy. No. 104, which application came to be registered as LRF Nos. 175 & 173, respectively and pursuant to said claim made, 30 guntas of land in Sy. No. 113 came to be allotted in his favour. It was also contended by the plaintiff that his father had also filed one more application claiming occupancy rights in respect of 35 guntas in Sy. No. 113 and said application filed by his father came to be registered as LRF No. 161, 185/81 -82 and contended that Tribunal by common order dated 24.02.1982 regranted land to 34 members, whereunder name of plaintiffs father in respect of land being Sy. No. 113 measuring 35 gutnas also came to be granted in addition to 30 guntas in same land. As such, plaintiff contended that he is in possession and enjoyment of suit property described in the plaint schedule. Hence, he sought for an order of perpetual injunction against defendants contending that they are attempting to interfere with his peaceful possession and enjoyment of suit schedule property.

(3.) ON the basis of pleadings of parties, trial Court formulated following issues for its adjudication: