S.ABDUL NAZEER,J. - (1.) The appellant-University of Mysore has filed these appeals challenging the common judgment and order passed by the High Court of Karnataka, Bangalore, in RSA Nos.456 of 2000, 457 of 2000, and in W.P. Nos. 1649 of 2001 and 4302 of 2001 dated 25.06.2004, whereby the High Court has dismissed the appeals and the writ petitions.
(2.) Rajaiah since deceased by his LRs and Chamundi (hereinafter referred to as the 'private respondents') both sons of late Nanjaiah Thavarekatte, filed two suits, being OS No. 20/1995 and OS No.21/1995, on the file of the Second Munsiff and JMFC at Mysore against the University of Mysore (hereinafter referred to as 'the University') for injunction restraining the University, their officials, subordinates or anybody acting on their behalf from interfering with their possession and enjoyment of the suit schedule properties. The suit schedule property in OS No. 20/1995 is as under:- "Patta land bearing Sy. No.4, situated at Kurubarahalli, Mysore Taluk, measuring 4.00 acres, and kharab land 4.00 acres of the same Sy. Number, abutting to the same land, situated at Kurubarahalli, Mysore Taluk, bounded on - East : by Main road. West : By Holla. South : By Bull road North : By Private land." The suit schedule property in OS No. 21/1995 is as under:- "Patta land bearing Sy. No.4 measuring 4.00 acres, situated at Kurubarahalli, Mysore taluk, and land measuring 4.00 acres of kharab land, situated in the same number, abutting to the said land, situated at Kurubarahalli, Mysore, bounded on the East : By Halla and Property of Rajaiah West : By property of R.K. Muthu South : By Bull road. North : By land of Narayanappa."
(3.) In O.S. No. 20/95 the case pleaded by the private respondent-Rajaiah is that he was the tenant of 4 acres of land in Sy. No.4 of Kurubarahalli village, Mysore, and the landlord was Maharaja of Mysore. On coming into force the Karnataka Land Reforms Act, 1961 (for short 'the KLR Act') he filed a declaration seeking occupancy right in respect of the said land. After contest, the Land Tribunal granted occupancy right in respect of the said land in his favour. He has been in possession and enjoyment of the said property.;