IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17^TH DAY OF APRIL 2026 BEFORE THE HON'BLE MRS JUSTICE GEETHA K.B.

REGULAR SECOND APPEAL NO. 100186 OF 2018 (POS)

BETWEEN:

1. SHRI. SWAMI VIVEKANANDA EDUCATION SOCIETY, HALIYAL, R/BY ITS CHAIRMAN, SRI. VENKATESH S/O DAMODAR HEGDE, AGE/A: 78 YEARS, R/O: SUBHASH ROAD, HALIYAL, DIST: UTTARA KANNADA- 581329.

2. SHRI. SWAMI VIVEKANANDA EDUCATION SOCIETY, HALIYAL, R/BY ITS SECRETARY, R/O: KHAJI GALLI, HALIYAL, TQ: HALIYAL, DIST: UTTARA KANNADA- 581329.

…APPELLANTS SAROJA (BY SRI. G.B. SHASTRY, ALONG WITH HANGARAKI SRI. DINESH M. KULKARNI, ADVOCATE)

Digitally signed by SAROJA HANGARAKI Location: HIGH COURT OF AND:

KARNATAKA, DHARWAD BENCH SHRI. TULJA BHAVANI SOCIAL EDUCATIONAL AND CHARITABLE TRUST, HALIYAL, R/BY ITS CHAIRMAN, SHRI. RAGHUNATH S/O VISHWANTHRAO DESHPANDE, R/O: V.R. DESHPANDE ROAD, HALIYAL, TQ: HALIYAL, DIST: UTTARA KANNADA- 581329.

…RESPONDENT (BY SRI. HARSH DESAI, ADVOCATE FOR SOLE RESPONDENT)

THIS REGULAR SECOND APPEAL FILED UNDER SECTION

100 OF CPC, PRAYING TO, AGAINST THE JUDGEMENT & DECREE PASSED IN R.A. NO. 42/2015 DATED 31.01.2018 BY THE COURT OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, UTTAR- KANNADA, SITTING AT SIRSI CONFIRMING THE JUDGMENT AND DECREE IN O.S. NO. 31/2011 DATED 18.08.2015 PASSED BY THE SENIOR CIVIL JUDGE, YALLAPUR SITTING AT HALIYAL AS NULL AND VOID, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR DICTATING JUDGMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL JUDGMENT

(PER: THE HON'BLE MRS JUSTICE GEETHA K.B.)

1. This is the appeal filed under Section 100 of C.P.C. by appellants/defendants No.1 and 2 praying for setting aside the judgment and decree dated 31.01.2018 passed in R.A.No.42/2015 on the file of I Additional District and Sessions Judge, U.K. Karwar Sitting at Sirsi (for short, ‘First Appellate Court’) by confirming the judgment and decree dated 18.08.2015 passed in O.S.No.31/2011 on the file of Senior Civil Judge, Yellapur Sitting at Haliyal (for short, ‘Trial Court’) and to set aside the judgment and decree of Trial Court also.

2. Parties would be referred with their ranks as they were before Trial Court for the sake of convenience and clarity.

3. Plaintiff-Trust has filed the suit before Trial Court praying for possession of suit schedule property bearing CTS No.1522 Situated at Khazigalli Ward within the limits of Town Panchayath, Haliyal Taluk; to direct defendants to pay arrears of leave and license fee of ₹36,000/- with interest at 12% per annum from the date of suit till repayment; direct defendants to pay mesne profits of ₹10,000/- per month from the date of suit till delivery of vacant possession of suit property; for courts costs and for such other reliefs.

4. The case of plaintiff before Trial Court in nutshell is that;

4.1. Plaintiff is the absolute owner of suit schedule property by virtue of registered Gift Deed dated 15.02.1997 executed by His Holiness Shri Siddhahandi Bhadanganathamath Swamiji of Kumbarada. After such gift, name of plaintiff is entered in CTS records. Plaintiff has taken possession of the property and thereafter constructed a building thereon. Said building is also recorded in the name of plaintiff in the concerned assessment register maintained by the local authority.

4.2. In the year 2000, defendants approached the plaintiff and requested to permit him to carry out its educational activities in suit schedule property. Accordingly, plaintiff permitted defendants to conduct educational activities in the suit schedule property for a limited period on leave and license basis subject to payment of regular license fee as intimated by the plaintiff.

Said leave and license fee being oral in nature is from month to month terminable by 15 days notice. However, defendants agreed to make payment of leave and license fees annually. But from the date of induction, defendants have never paid license fee to plaintiff in spite of repeated requests and dema