KAMALA AND ORS. Vs. RAJOOVI PADMAPPA AND ORS.

JUDGEMENT

(1.) Defendants 1 to 7 of an original civil suit bearing O.S. No.377/1996 which was pending on the file of the then Court of Munisiff, Mangalore, D.K. District, who are aggrieved by the judgment passed against them in the first appeal filed under Section 96 of CPC in R.A. 27/2001 which was pending on the file of the Court of Principal (Senior) Civil Judge, Mangalore, have filed this second appeal under Section 100 CPC. Respondents 1 to 7 herein were the plaintiffs in the said suit and appellants in R.A. 27/2001.

(2.) Parties will be referred to as plaintiffs and defendants as per their ranking given in the trial Court.

(3.) One person by name Sri Koraga Poojary was the father of plaintiffs and grand father of the defendants 2 to 7 and father-in-law of the first defendant. The said Koraga Poojary had one more son by name Naranappa, the husband of the first defendant and father of defendants 2 to 7. According to the plaintiffs, the said Koraga Poojary had taken the schedule agricultural lands on tenancy and was in possession of the same till his death in 1959. The tenancy, according to the plaintiffs, devolved upon the plaintiffs, Late Naranappa and their mother Thirumale Hengasu. Late Naranappa is stated to have filed an application in Form No.7 seeking occupancy rights in respect of all the eight (8) items of lands before the Land Tribunal at Mangalore as per the provisions of the Karnataka Land Reforms (Amended) Act-1974 which came into effect from 01.03.1974. According to the plaintiffs, the application filed in Form No.7 by Naranappa was for and on behalf of the Joint family consisting of the plaintiffs, deceased Naranappa and their mother Thirmale Hengasu.