VENKUBAI Vs. ASSISTANT COMMISSIONER SEDAM GULBARGADISTRICT

JUDGEMENT

(1.) THE plaintiffs L. Rs are aggrieved by the judgment of the First Appellate Court which has dismissed the appeal filed by the defendants as infructuous, inasmuch as, the injunction prayed for and granted by the Trial Court is personal in character and after the death of the plaintiff the injunction has become infructuous.

(2.) RAISING a question of law as to whether the right to sue in an injunction suit survives to the L. Rs of the plaintiff, this second appeal is preferred.

(3.) THE lands of an area of 26 acres 14 guntas in Sy. No. 66 and 28 acres 17 guntas in Sy. No. 67 were claimed to be in possession and ownership of the plaintiff. Form 11 was filed before the Tribunal and by the order dated 26-5-1984, the Tribunal held that 32 acres 35 guntas out of the holding was in excess and the same should be surrendered. A notice to this effect was issued by the Special Tahsildar, Land Reforms on 7-6-1984. The plaintiff responded by submitting a proposal dated 11-6-1984 proposing to surrender 15 acres in Sy. No, 80/1, 15 acres in sy. No. 80/2 and 4 acres 13 guntas in Sy. No. 212 all situated at village bomadepalli, Taluk Sedam. The Tahsildar replied saying that those lands are not identified and wanted some other area to be surrendered. But according to the plaintiff, the aforesaid lands are acceptable and the proposal was not rejected by the Land Tribunal. In spite of that the tahsildar appears to have given direction to the Revenue Inspector on 15-7-1987 to mutate an area of 32 acres 35 guntas. Failing which, qconseuently the plaintiff would be dispossessed of 32 acres 35 guntas; the suit for injunction thus came to be filed, restraining the defendants, namely, the Assistant Commissioner and the Tahsildar, Sedam, from interfering with the plaintiffs possession.