AJJA SETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These writ petitions are filed by the petitioners- proposed impleading applicants rejecting the application filed under Order 1 Rule 10(2) of Code of Civil Procedure dated 21.04.2017 made in O.S.No. 307/2016 on the file of the Civil Judge and JMFC, Hunsuru.

(2.) The respondent No.5 who is the plaintiff before the trial court filed O.S.No.307/2016 against the official-respondents - State of Karnatka, Deputy Commissioner, Assistant Commissioner and Tahsildar for permanent injunction restraining the defendants from interfering with the plaintiff's possession and enjoyment in any manner and also directing the defendants to pay Rs.1,00,000/- (Rupees One Lakh Only) towards loss of crop due to preventing the plaintiff from harvesting the crop in respect of the suit schedule property morefully described in the schedule to the plaint. The plaintiff has contended that the land measuring 6 acres 25 guntas in Sy.No.44 of Thondal Village, Kasaba Hobli, Hunsur Taluk, Mysore District is a religious and charitable inam land attached to the deity of Masanikamma (Banathamma) Devru morefully described in the schedule. It is further contended that he is in possession and enjoyment of the land by performing pooja of Masanikamma (Banathamma) devru as Archaka and as well as permanent tenant ever since the lifetime of his grand father late Patel Venkategowda by cultivating and enjoying the suit schedule property and the earlier suit filed by him in O.S.No.54/2001 for declaration of title and injunction came to be rejected on the ground that the plaintiff has not proved his adverse possession against the government and that he is in possession and enjoyment of the suit property and the defendants have no manner of right, title or interest over the suit schedule property.

(3.) The official respondents/defendants filed their written statement denied the entire plaint averments and contended that the property belonging to government which is an Inam land and the petitioner has no right, title and interest over the suit property and sought for dismissal of the suit.