K.G.BALAKRISHNAN, P.VENKATARAMA REDDI
Muddanna – Appellant
Versus
Panthanagere Group Panchayat, Kengeri Hobli – Respondent
JUDGMENT
P. Venkatarama Reddi, J.-The appellants herein filed two suits praying for a decree of permanent injunction against the respondent-village Panchayat so as to restrain the members and officials of Panchayat and its assignees from interfering with plaintiffs possession and enjoyment of the land. The extent of land covered by the two suits is 1 acre 38 guntas. The main issue framed and contested in the suit was whether the plaintiffs proved that they were in lawful possession of the suit land. The learned III Additional City Civil Judge, Bangalore granted injunction against the defendant while making it clear that injunction does not operate against the persons in occupation of the houses and huts. The respondent-Panchayat filed appeals against the said judgment and decree. By the impugned judgment dated 24.8.1989, the learned Single Judge of the High Court allowed the appeals holding that the suit schedule land forming part of Gramathana area (village site) vested with the Government under the provisions of Mysore Inams Abolition Act of 1954 in the year 1959 and thereafter vested in the village Panchayat by virtue of a Notification issued by the then Government of Mysore on
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