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2010 Supreme(Kar) 963

K.GOVINDARAJULU
Puttappa @ N. Puttaiah – Appellant
Versus
The State of Karnataka, Rep, by its Chief Secretary – Respondent


Advocates Appeared:
For the Petitioners:G. Papi Reddy &i V. Vinod Reddy, Advocates.
For the Respondents: Nasrulla Khan, HCGP.

JUDGMENT

GOVINDARAJULU, J

1. Plaintiff Nos. 3, 6, 17, 24, 27, 33, 38, 39, 41, 42 and 56 in the suit OS No.221/97 are the appellants in this second appeal.

2. Parties will be referred according to their status found in the suit for convenience.

3. Suit is filed by 61 plaintiffs seeking for declaration of title to the plaint schedule property for permanent injunction. In the schedule to the plaint, property is described as land in Sy.Nos.95, 135, 136 measuring 138 acres of Narasapur Hobli situated at Achenahalli Village.

4. Case of the plaintiffs is that they are in possession and enjoyment of the plaint schedule property since 1936, though 1st defendant through the then Maharaja issued a forest settlement Notification in GO.No.105-FT-304-35-8 dated 6.7.1936. Under the said Notification, while declaring these suit schedule Sy.Nos.as forest land, had directed the defendants to evict the plaintiffs from the plaint schedule property. It is further pleaded the said Notification could not be implemented as plaintiffs were in possession and enjoying the properties. So, plaintiffs were allowed to cultivate the properties. Plaintiffs in pursuance of the cultivation of the properties have pu





































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