HALESHAPPA Vs. K.N. BASAVARAJAPPA

JUDGEMENT

(1.) This regular second appeal is filed by the defendant's against the judgment and decree dated 19th Nov., 2013 made in R.A.No. 125/2012 on the file of the II Additional Civil Judge, Shimoga dismissing the appeal and confirming the judgment and decree dated 1.8.2012 made in O.S.No.295/2007 on the file of the Principal Civil Judge and JMFC, Shimoga decreeing the suit for injunction in favour of the plaintiff restraining defendant Nos. 2 and 3 from obstructing the plaintiff's peaceful possession and enjoyment of the suit schedule property.

(2.) The respondent, who is the plaintiff before the trial Court, filed a suit for permanent injunction contending that the 1st defendant is his own brother and defendant Nos. 2 and 3 are the sons of defendant No. 1. The plaintiff, defendant No. 1 and one Sri. K.N. Shivappa and K. N. Shekharappa are the sons of Nandyappa of Belalkatte village. All the said brothers had effected Zubani Hissa of all their ancestral and joint family properties during the year 1987 before the panchayathdars at Belalkatte village. According to the said Zubani Hissa, the khatha and pahani of all the lands have been mutated in their favour in accordance with their respective shares in M.R.No. 14/87-88. Since then, the plaintiff, 1st defendant and his other two brothers are living separately by taking their share and thereafter, the 1st defendant filed objection to M.R.No. 14/87-88 before the Tahsildar, Shivamogga in respect of the measurement of lands. The Tahsildar treated the same as dispute No. RRT (1) CR 625/97-98 and after giving an opportunity to the plaintiff and his brothers, on the basis of the joint memo filed by the plaintiff and his brothers, the Tahsildar, Shivamogga proceeded to pass orders on 17.2.1999 for mutation of the khata in accordance with their possession of the lands as detailed in the said order. Accordingly, the khata and pahani have been mutated in their favour in accordance with their respective share and since then, they are in possession, enjoyment and actual cultivation of the suit schedule property.

(3.) It is the further case of the plaintiff that he is in possession and enjoyment and actual cultivation of the lands which are coming to his share. On 16.6.2007 while his son was working in his land bearing Sy.No. 134/1, defendant Nos. 1 to 3 tried to enter into the suit schedule property and obstructed his cultivation without any valid reasons. These acts have been resisted by his son with the help of neighbouring land owners and some villagers. While returning from the spot, all the defendants openly declared that, they will come with more supporters to the spot and dispossess him from the suit schedule land. That the defendants have no manner of rights, title and interest over the suit schedule property and he being an absolute owner, is in possession and enjoyment and actual cultivation of the suit schedule land, etc. Therefore, he filed the suit.