AND

DECREE

DATED:

02.02.2015,

PASSED

IN

O.S.NO.249/2011, ON THE FILE OF I ADDITIONAL SENIOR CIVIL

JUDGE, BALLARI, DISMISING THE SUIT ILED FOR DECLARATION

AND INJUNCTION.

THIS

RFA

COMING

ON

FOR

HEARING,

THIS

DAY,

H.T.NARENDRA PRASAD J., DELIVERED THE FOLLOWING:

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JUDGMENT

This appeal is filed by the plaintiff Nos.2 to 6 under

Section 96 of CPC challenging judgment and decree dated

02.02.2015 passed by the First Additional Senior Civil Judge,

Ballari in O.S. No.249/2011, whereby suit filed by the plaintiffs

is dismissed.

Parties will be referred to their ranking as per the

Trial Court for the sake of convenience.

Brief facts of the case of the plaintiffs that suit

schedule property belongs to one Smt.Radhamma. She had

executed a Will on 20.07.1977 in favour of her son

B.Venkataramanachar. Said Radhamma died in the year 1985

and B.Venkataramanachar died in the year 2002. Plaintiffs are

the legal representatives of B.Venkataramanachar. Hence, they

have succeeded suit schedule property by virtue of the Will

executed in favour of B.Venkataramanachar. The suit schedule

property comprising in Sy. No.771 is measuring 31.10 acres.

The further case of the plaintiffs that at no point of time,

plaintiffs or his predecessors, have filed any declaration under

Section 66 of the Karnataka Land Reforms Act. Without there

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being any application, out of that, 2.72 acres have been

declared as surplus land and granted in favour of defendant

No.1 and husband of the defendant No.2. Since the grant made

in favour of the defendants is illegal, without authority of law

and on the basis of grant order, they are trying to interfere into

the suit schedule property in the month of August 2011.

Therefore, the plaintiffs have filed a suit for declaration and

injunction. On service of summons, defendants have appeared

through their counsel, has filed the written statement and

denied the plaint averments and they contended that 2.72

acres in Sy. No.771 situated in Kolagal Village, Ballari Taluk has

been declared as surplus land by the competent authority

under Section 77 of the Karnataka Land Reforms Act by order

dated 23.06.1982. From that day, land is vested with the

government. Later the government has granted that land in

favour of defendant No.1 and husband of the defendant No.2

by order dated 29.06.1995 and they have issued the Form

No.11-D on 12.07.1999. Immediately after that revenue entries

have been made in favour of the defendants in M.R.

No.226/1999 on 02.02.2000, from that day they are in the

possession of the suit schedule property. After lapse of 11

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years, the suit has been filed. They further contended that

since land has been granted under the Karnataka Land Reforms

Act, there is a bar to claim any declaration under Sections 132

and 133 of the Karnataka Land Reforms Act. Hence, they

sought for dismissal of the suit. On the basis of the pleadings of

the parties, the Trial Court has framed the following issue Nos.1

to 7 and additional issue:

1)

Whether the plaintiffs prove that they are

absolute owners of suit schedule property by

virtue of the Will dated 20.7.1977 executed by

deceased

Smt.

Radhamma

in

favour

of

deceased

B.Venkataramanachar,

who

is

husband

of

plaintiff

No.1

and

father

of

remaining plaintiffs ?

2)

Whether defendant No.1 proves that Assistant

Commissioner

of

Bellary

reassumed

the

property comprised in Sy.No.771 measuring

2.72 acres of Kolagal village and granted 1.36

acres in his favour and 1.36 acres in favour of

Harijana Dodda Hulugappa on 29.6.1995?

3)

Whether defendant No.1 proves that suit is not

properly valued and court fee paid in incorrect?

4)

Whether

the

plaintiffs

prove

the

alleged

interference by the defendants?

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5)

Whether the plaintiffs are entitled to the relief

of declaration of their title?

6)

Whether the plaintiffs are entitled to the relief

of permanent injunction ?

7)

What order or decree?

Additional issue framed on 14.01.2015

Whether defendants prove that this Court has

n