STATE OF KARNATAKA Vs. H J SHAKUNTHALAMMA

JUDGEMENT

(1.) THE appellants were the defendants before the trial Court in O. S. No. 84/1994 and being aggrieved by the trial Court allowing in suit filed by the respondent-plaintiff for declaration and injunction, the present appeal is filed.

(2.) THE brief facts of the case are to the effect that the respondent-plaintiff filed the suit in question seeking the aforesaid relief by contending that the suit property bearing r. S. No. 391 measuring 7 acre 23 guntas of avanagere Village was purchased by the plaintiff's husband by name Jayanna under a registered sale deed dated 28-9-1970 from its previous owner and since the said date, the suit property is being enjoyed by the respondent-plaintiff following the death of her husband. The 4th defendant before the trial Court viz. Tahsildar passed an order in RRPT No. 105/82-83 changing the survey number from 391 to 390/1p and the extent as 6 acres 13 guntas instead of 7 acres 23 guntas. It is the case of the plaintiff that while effecting the said changes, the Tahsildar did not give any opportunity to the plaintiff and mandatory provisions of the Karnataka Land Revenue act, 1964 (hereinafter referred to as "1964 Act" ).

(3.) THE plaintiff requested for the certified copy of the order passed, but the same was not given to her, but an endorsement was issued in this connection and then she approached the Assistant Commissioner whofailed to exercise the jurisdiction vested in him and thereafter, after issuing notice to the appellants herein under Section 80 of CPC for making necessary rectification in respect of survey number as well as the extent of land, the plaintiff on getting no such positive response from the appellant herein, filed the suit in question praying for the relief of declaration and injunction.