The defendants resisted the suit companytending that the suit land being shown as Sega Local Fund property since 1954, it is the property belonging to the Town Municipal Council, Vadgir as such it has every right to deal with in accordance with the Municipal Laws and that the plaintiff cannot prevent lawful action of the defendants by way of such suit.
With these companytentions, the defendants prayed for dismissal of the suit.
It was also pointed out that entry in the Khasra Pahani and R.O.R. right from 1954 55 indicated the suit land as Sega Local Fund and the same was number challenged by the plaintiff or his ancestors.
Plaintiff claimed property to be ancestral property.
It was further companytended that the plaintiff if number at all in possession of the suit land and that they have issued numberification as required under the Municipal Law to provide sites to houseless persons and the plaintiff, winning over the village Accountant, got his name entered in the companyumn of cultivator without any right and, therefore, the suit of the plaintiff is number at all maintainable.
The respondent number1 had filed a suit in respect of 3 acres 22 guntas of land in Survey number393/Aa Paiki situated in Yadgir B, Taluk Yadgir.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of the learned Single Judge of the Karnataka High Court allowing the second appeal filed by the respondent under Section 100 of the Code of Civil Procedure, 1908 in short CPC .
