Malekallaiah and Another vs Patel Rangegowda

This suit out of which this second appeal arises was brought by the respondent on the ground that he has been enjoying the suit property for over 100 years and that property belonged to Shivanenahalli Kariyamma Deity and the defendants have no authority to interfere with his possession.

On the evidence adduced by the parties, both the Courts came to the conclusion that the suit land is a portion of the Gomal land reserved for the village. However, the injunction was granted against the defendants solely on the ground that the plaintiff was in possession on the date of the suit.

Now the only question that falls for decision, is, whether the plaintiff is entitled to an injunction in respect of the land which is now proved to be a Gomal land. It is not in dispute that the villagers have a limited right over the Gomal. That is a common land reserved for the use of the village cattle. That being so, the question is whether one villager could exclude the others from using such land. I do not think that such a contention can be accepted. Ordinarily, a person in possession of a land is entitled to an injunction against all persons except as against the true owner. But in the case of Gomal land, an exception has to be made as every villager has equal right. Therefore, it is not possible for one villager to restrain the other from making use of it, and the Court cannot protect such possession. The injunction granted against the defendants, therefore, cannot be sustained.

In the result, the appeal is allowed, while reversing the judgments and decrees of the Courts below, the suit for injunction is dismissed.

In the circumstances of the case, I make noorder as to costs throughout.