1. This appeal is by defendant Nos. 1,2,3 & 5 against the judgment and decree passed in O.S. No.2/2000 dated 05.03.2005 on the file of the Civil Judge (Sr. Dn.), Kundapur.

2. Parties would be referred as per their ranking before the trial court.

3. Respondents 1 (a) to (e) are the L.Rs. of the original plaintiff. Respondents 2(a) to (c) are defendant Nos. 4(a) to (c).

4. Suit is one for declaration, declaring that the plaintiffs are the absolute owner of the suit schedule property by virtue of muligeni agreement dated 01.10.1946 and consequential relief of permanent injunction restraining the defendants or their persons claiming under them from interfering with the peaceful possession and enjoyment of the suit schedule property bearing Sy. No. 134/3 measuring 17 cents of Kundapura Kasaba village, Kundapur taluk excluding the land covered by registered document bearing Nos. 581/1927 & 648/1942.

5. Case of the plaintiffs is that Anand Bhandari was the owner of the suit schedule property and now it is devolved on his children. Portion of survey number was held on muligeni by Karthi Subba. It is a non-agricultural and is covered by non-residential building. It is being used for commercial purpose. The suit properties are situated in Kundapur Town Municipality. It is owned by Religious Institution by name Sri. Siddapeetha Kodashadri halwari Mutt of Yadamog village and Mattadhikari Peer Aithwarnath Bavaji granted the schedule property on muligeni permanently in favour of the husband of plaintiff No.1 and father of plaintiff Nos. 2 to

6. The name of the 1st plaintiff’s husband is Narayana and Muligeni was registered in his name on 01.10.1946. It was on yearly rent of Rs. 20/- per year for a period of twenty years commencing from 30.03.1947 ending with 30.03.1956. Thereafter, muligeni rent was to be paid at Rs.60/- per year. The muligeni year to commence from 1st of April up to 31st March of the next year. The deceased Narayan during his life time was paying muligeni rent regularly to the lessor. After construction of the building, he was paying tax to the erstwhile Town Panchayath, Kundapur and later to Town Municipality, Kundapur. Out of the southern portion, 4 cents was granted on muligeni to one Subba, father of Narayana under a separate document registration No.581/1927 by the aforesaid Mutt and 12 cents was granted in favour of Nagi Hengsu w/o Subba under a registered document No.648/1942. After the death of Subba and Nagi Hengsu, their heirs Annappa and Narayana have inherited the southern portion of Sy. No.134/3 and are in joint possession of the said 18 cents in the southern portion of Sy. No.134/3. The defendants in collusion with the village accountant, Kundapura got entered their named in respect of the suit schedule property in the revenue records. The said entries were made without any notice to the plaintiffs. The entries are made without even following the procedure contemplated. As against the said entries, plaintiffs preferred an appeal before the Asst. Commissioner, Kundapur. However, the Asst. Commissioner dismissed the appeal on the ground that O.S. No.432/97 is pending before the Civil Court and parties can get their disputes settled before the competent civil court. Defendant No.5 made an attempt to evict the tenants from the schedule property in collusion with the local police by misleading the police by stating that the plaintiffs have no title to the suit schedule property by showing the order passed by the Asst. Commissioner. Therefore, the plaintiffs were constrained to file a suit for declaration and consequently for permanent injunction. 6. On service of summons, defendant No.5 filed written statement. Defendant Nos. 4 & 12 adopted the same by filing a memo. Defendant no.3 did not appear and he was placed ex-parte. Defendants admits that the plaintiffs are governed by Hindu Mithakshara Law of inheritance and the suit schedule property is a non-agricultural land situated within the limits of K