CHANNABASAPPA Vs. FAKKIRAVVA

JUDGEMENT

(1.) The plaintiff in O.S. No. 137/1995 has preferred this second appeal assailing judgment and decree passed by the Principal District Judge, Dharwad, in R.A. No. 18/2005 dated 17.09.2009, confirming the judgment and decree dated 23.02.2005 passed by the II Addl. Civil Judge (Sr. Dn.), Dharwad in O.S. No. 137/1995.

(2.) For the sake of convenience, the parties shall be referred to, in terms of their status before the trial Court.

(3.) The appellant -plaintiff filed suit seeking the relief of declaration of title and consequential injunction in respect of agricultural land bearing block No. 63/A -2 measuring 1 acre 29 guntas situated at Navalur village, Dharwad Taluk. According to the plaintiff, defendant is the daughter of late Mallavva and late Bheemappa. She is married and residing with her husband. Late Bheemappa was tenant of the suit land. On his demise his wife Mallavva succeeded as tenant. After enforcement of the Land Reforms Amendment Act in the year 1974, Mallavva applied to the Tribunal for grant of occupancy right in respect of the suit land. The Land Tribunal by an order dated 25.09.1979 was pleased to grant occupancy right of the suit land to late Mallavva and her daughter, that is the present defendant. Form No. 10 was also issued by the Land Tribunal on 22.07.1982 in the name of late Mallavva and her daughter the defendant, their names were entered by virtue of M.E. No. 6162. Subsequently, defendant relinquished her rights in the suit land in favour of her late mother Mallavva by giving wordi and M.E. No. 6619 dated 02.09.1986 came into existence. Consequently, late Mallavva had the absolute right, title and interest in respect of the suit land. She was in actual possession and cultivation of the same.