Point of Law: Section 133 of Karnataka Land Reforms Act, 1961 reads as suits, proceedings, etc., involving questions required to be decided by Tribunal.

JUDGMENT :

1. Present appeal is filed by the appellants/defendants being aggrieved by the judgment and order dated 22.12.2009 passed in R.A.No.60/2008 on the file of the Fast Track Court, Jamakhandi (hereinafter referred to as ‘the First Appellate Court’), in and by which the First Appellate Court dismissed the appeal filed by the appellants/defendants confirming the judgment and decree dated 31.03.2008 passed in O.S.No.113/1989 on the file of the Principal Civil Judge (Jr.Dn.), Jamkhandi (hereinafter referred to as ‘the Trial Court’).

2. Parties in this appeal are referred to by their rankings before the Trial Court.

3. The above suit in O.S.No.113/1989 was filed by the plaintiffs namely (i) Gadagayya, (ii) Magayya and (iii) Chanbasayya, all sons of Parayya Bhavi against the defendants namely (i) Channayya s/o Parayya Bhavi, (ii) Parayya S/o Ishwarayya Bhavi and (iii) Chanayya S/o Ishwarayya Bhavi for following reliefs;

i) permanent injunction restraining the defendant Nos.2 to 5 from disturbing the possession and enjoyment of the plaintiffs and defendant No.1 in respect of suit land;

ii) for declaration that plaintiffs and defendant No.1 are entitled to perform pooja and to share the offerings made to deity of Prabhudev Devasthan during the turn of one year out of the cycle of 8 years jointly with defendant Nos.2 to 5; and,

iii) for consequential relief of permanent injunction not to disturb in share of offerings and performance of pooja by the plaintiffs and defendants along with defendant Nos.2 to 5.

4. Case of the plaintiffs is;

4.1. That the plaintiffs and the defendants are pujaris of Prabhudev temple at Terdal, Jamakhandi taluk and they belong to Bhavi family and are related to each other as bhahubhand. The relationship between the plaintiffs and the defendants is explained by a genealogy annexed to the plaint.

4.2. That, the land bearing Sy.No.585 and Sy.No.712 together measures 19 acres 4 guntas is an Inam Land of Prabhudev Devasthan, which has been divided into various strips and these strips and names of their occupants have been described in Schedule ‘B’ to the plaint.

4.3. It is further the case of the plaintiffs that one Allayya Bhavi was the propositus. He had three sons namely (i) Magayya, (ii)Chanayya and (iii)Parayya. First son-Magayya had a son by name Channayya and a daughter by name Parawwa, of whom Channayya died issueless and Parawwa was survived by her only daughter by name Guravva. The second son of the propositus, Channayya died issueless. The defendants 2 to 5 are the descendants of the third son -Parayya.

4.4. The poojaraki rights belonging to Parawwa and her daughter Gurawwa was inherited by the plaintiffs and the defendant No.1 who are the sons of Gurawwa. The income by way of offerings in the devasthan was shared equally by the plaintiffs and the defendants as they belong to single group. That there are eight groups in the family and each group gets its right to offer pooja once in the cycle of eight years. Plaintiffs and defendants belong to one such group and they together get their turn once in eight years to offer pooja, as such they are entitled for half of the income while the defendants are entitled for remaining half.

4.5. Parawwa and her daughter Gurawwa being female heirs could not personally take part in the pooja, however they were only sharing the offerings to the deity. Taking advantage of the absence of names of Parawwa and Guravva, in the charge report for they being female heirs, defendants Nos.2 to 5 appropriated share of the plaintiffs. That defendant Nos. 2 to 5 also interfered with the possession of land of the plaintiffs and also prevented plaintiffs from appropriating their share in the offerings.

4.6. Plaintiffs being the male members also wanted to perform pooja along with the defendants, but they are being prevented by defendant Nos.2 to 5, constraining the plaintiffs to file suit seeking the reliefs as noted above.

5. Defendant No.2 filed written statement and defendants 3 to 5 h