YALLAPPA AND ORS. Vs. GANGAPPA AND ORS.

JUDGEMENT

(1.) This is a plaintiffs' regular second appeal against the judgment and decree dated 17.08.2011 made in R.A. No. 72/2007 on the file of the Fast Track, Jamakhandi, confirming the judgment and decree dated 13.09.2007 made in O.S. No. 78/2000 on the file of the Civil Judge (Jr. Dn.), Banahatti, dismissing the suit of the plaintiffs for permanent injunction and for possession.

(2.) The plaintiff No. 1 is son of deceased plaintiff No. 2 initially filed a suit against defendants for the relief of perpetual injunction and during the pendency of the suit, the plaintiffs have filed I.A. No. III under Order 6 Rule 17 of the Code of Civil Procedure and have got amended the pleadings and converted the suit for the relief of possession and mesne profit and for consequential relief of injunction and contended that the suit schedule properties belongs to Yamanappa S/o. Hanamanth Madar of Banahatti, who died on 23.02.1982 and after his demise the names of defendant Nos. 1 and 2 came to be mutated in City Survey records as his heirs. During the lifetime of Yamanappa Madar, he had leased out the suit premises to plaintiff No. 1, who was running manufacturing of agricultural implements in the suit premises and plaintiff No. 1 agreed to run propriety concern in the suit premises. The deceased Yamanapp Mada, and plaintiff No. 1, entered into registered lease agreement dated 13.10.1980 for a period of 20 years and rent of Rs. 30/ - per calendar month was agreed between the lessor and lessee, wherein the plaintiff No. 1 under the registered lease agreement started working in the suit premises in the name and style of M/s. Industries Steel Works, propriety concern and plaintiff No. 1 agreed to the terms and conditions of lease and obtained premises on lease for a period of 20 years.

(3.) It is the further case of the plaintiffs that they have installed heavy machineries and also obtained electrical connection from the KEB authorities and also obtained necessary permission from the director of small -scale industry. The plaintiffs were running their business in the suit premises, under lease agreement dated 13.10.1980 which expires on 13.10.2000. It is the further case of the plaintiff that the defendants high handedly and illegally dispossessed them from the suit premises during the last week of December 2000 by illegal means through the aid of goondas and also destroyed the furniture's, fixtures and other machineries installed in the suit premises and the defendants have dispossessed them during subsistence of lease period, wherein the defendants have filed the suit.