GANGUBAI Vs. RAMA SATERI GHADI

JUDGEMENT

(1.) This appeal has been filed by the defendants under section 96 of the Code of Civil Procedure, 1908, being aggrieved by the judgment and decree dated 11.04.2012 passed by the trial Court by which suit filed by respondents No.1 and 2 has been decreed.

(2.) Facts giving rise the filing of this appeal briefly stated are that respondents No.1 and 2 filed the suit seeking relief of declaration and permanent injunction. The claim in the suit was based on the ground that the plaintiffs are the owners of agricultural land bearing R.S.No.30/2 situate at Khanapur, measuring 3 acres and 38 guntas. It was further pleaded that the plaintiffs and defendants No.1 to 5 belong to Ghadi family of Khanapur and are members of joint family. It was also pleaded that father of plaintiffs namely Sateri Laxman Ghadi was brother of father of defendants No. 2 to 5 namely Maruthi. Deceased Maruthi married one Smt.Laxmibai. Out of the wedlock, defendant No.2 namely Laxman was born. After the death of aforesaid Laxmibai, deceased Maruthi again got married to Smt.Gangubai namely defendant No.1. The defendants No.3 to 5 are her children. It was also pleaded that defendant No.6 is stranger to the Ghadi family and has been arrayed as party to the suit, as he claims to be in possession of the some area of the suit land.

(3.) It was averred that the suit property is governed by the provisions of Karnataka Land Reforms Act. Initially the suit land was in cultivating possession of deceased Sateri, namely father of plaintiffs as a tenant and after his death, members of aforesaid joint family continued to be in joint possession of suit land. It was also mentioned that Sateri and Maruthi were jointly cultivating the land in question and in possession of the suit lands and no partition had taken place between the plaintiffs and defendants No.1 to 5. It is the stand of the plaintiffs that though the land was granted in favour of defendants No.1 to 5 as occupants under the Karnataka Land Reforms Act, however, it enures for the benefit of all the members of family, including the plaintiffs.