T VENKATARAYAPPA Vs. M VENKATARAMANA

JUDGEMENT

(1.) Petitioners are the plaintiffs in O.S. No.105/88 on the file of the District Munsif, Tamballapalli, filed for a permanent injunction restraining the respondents from interfering with their possession of the suit lands.

(2.) They also filed an application for a temporary injunction, pending disposal of the suit. The said application was dismissed and the appeal filed by the petitioners in CMA No.35/90 was also dismissed by the Addl. District Judge, Madanapalli. The petitioners are assailing the said order in this revision.

(3.) The contention of the learned counsel for the petitioners is that both the Courts below failed to consider the documents filed by the petitioners and arrived at erroneous conclusions regarding prima facie case of title and possession. He submitted that the petitioners derived title to the suit lands under registered sale deeds executed in their favour in the year 1962, that it was for the respondents to establish as to how they claim possession of the suit lands, and that the burden of proof lay on the respondents. It was further contended that the alienations made in favour of the petitioners were valid, as they are small farmers and that the. alienations were not hit by the provisions of Act 9 of 1977.