PANDIT RAO Vs. SHARANAPPA

JUDGEMENT

(1.) This matter has been heard on more than one occasion at length. Coming up for admission, the matter is heard again and disposed of finally by the following order:

(2.) The petitioner is the plaintiff. He filed a suit in the Court of the Munsiff at Aland numbered as O.S.76/85 seeking an order of permanent injunction restraining defendants 1 to 6 from interfering with his peaceful possession and enjoyment of the suit-land which he claimed to have purchased from its owner Gangawa for valuable consideration under the suit sale deed. He also filed an application under Order 39 rules 1 and 2 C.P.C. for temporary injunction. The defendants entered appearance and resisted. In the Written Statement, they contended that they were tenants cultivating the land under Gangawa, Gangawa in or about the year 1960 had promised their father Gurulingappa that after her death, he would become the owner and till then they should continue to cultivate the land as tenants. They further averred that Gangawa continuously leased the land for cultivation. They supported their case by filing the affidavits of certain neighbouring land owners who deposed that they were in occupation and cultivation of the said land.

(3.) The trial Court declined to accept the version put forward by the defendants mainly for two reasons: