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2001 Supreme(Kar) 459

K.SREEDHAR RAO
KAMALA – Appellant
Versus
LINGAMMA HENGSU – Respondent


Advocates:
PUNDIKAI ISHVARA BHAT, S.K.Venkata Reddy

K. SREEDHAR RAO, J.

( 1 ) THE case was posted at the admission stage. Paper books were already filed. At the request of the Counsel for the appellants and the respondents, heard on merits for final disposal.

( 2 ) THE appeal is filed against the judgment and decree passed in O. S. No. 44 of 1993 on the file of the II Additional Civil Judge (Senior Division), mangalore. The appellants are the defendants in the suit. The respondents/plaintiffs filed the suit for partition and possession of their share in the suit schedule property consisting of agricultural lands situate in Kula Village of Buntawal Taluk. One Annappa Gowda, who is the propositor was the Chalgeni tenant of the suit schedule lands. He died in the year 1968 leaving behind the plaintiffs, who are the daughters, widow Thimmakka and son by name Monappa. The appellants are the children of deceased Monappa. Thimmakka died in the year 1981. After passing of the Karnataka Land Reforms Amended Act, 1974, an application was filed by Thimmakka for grant of occupancy rights in respect of the suit schedule lands and the same was granted in her favour. The plaintiffs claim share in the said lands, contending that the tenancy was a jo







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