PRINCIPAL BENCH AT BENGALURU
MR. BENEDICT FERNANDES – Appellant
Versus
SISTER CHRISTIAN FERNANDES – Respondent
This second appeal is filed by the appellant
challenging the judgment and decree dated 30.07.2016
passed in R.A.No.39/2011 by the Principal Senior Civil
Judge and JMFC, Bantwal, D.K., confirming the judgment
and decree dated 13.04.2011 passed in O.S.No.23/1994
by the Principal Civil Judge and JMFC, Bantwal, D.K.
Parties are referred to as per their ranking
before the trial Court. The appellant is defendant
No.2(h). Respondent Nos.1 to 6 are the defendants.
Respondent Nos.7 to 14 are the plaintiffs.
3. The brief facts leading rise to filing of this appeal
are as under:
It is the case of the Plaintiffs that father of plaintiff
No.1 Doomappa Shetty and husband of plaintiff No.1
Monthu Fernandes were tenants in respect of part I and II
of plaint 'A' schedule property. After the Karnataka Land
Reforms Act, 1961, came into force, they were declared as
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occupants in respect of the said properties. After the
demises of Doomappa Shetty and Monthu Fernandes, the
plaintiffs are in lawful and exclusive possession of plaint 'A'
schedule property. Part I and II of plaint 'X' schedule
properties were adjacent to the Government waste vacant
land forming direct kumki to part I and II
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