UMA Vs. N V RAJACHARI

JUDGEMENT

(1.) This Misc. Second Appeal is by the plaintiffs, in a suit for declaration of title with a consequential relief of permanent injunction against the defendant, in respect of the suit property bearing Municipal Katha No. 811/780, measuring East-West 60 feet and North-South 4 feet, situated at Hooveenabeedi of Pandavapura Town.

(2.) Plaintiffs' case in a nut shell is that, 2nd plaintiff purchased the suit property and the remaining portion situated on its southern side, totally measuring East-West 60 feet and North-South 36 feet, under a registered sale deed dated 10.5.1984, from Shalia Sab and others and since then, they are in actual possession and enjoyment of the suit property as absolute owners, wherein they are having a residential house on the western side. Under a family arrangement, the property is mutated in the name of plaintiff No. 1. The defendant is owning the property towards northern side of the suit property and that the brother of the defendant also owns a property on the western side and that property measures East-West 42-1/2 feet and North-South 11 feet. Though the property of the defendant has the said measurement, he has illegally got entered its extent as 14 feet in the Municipal records, in collusion with the officials, on the basis of which, permission for construction was obtained and an attempt was made to put up construction over the suit property. The plaintiffs challenged the issue of building licence before the appellate authority and since the defendant persisted to put up construction and interfere with the possession and enjoyment of the suit property by the plaintiffs, the suit was instituted for the said reliefs.

(3.) The defendant has passed away. His L.Rs., have been brought on record. They filed written statement, denying the right, title and possession of the plaintiffs over the suit property. They denied the measurement and boundaries of the property, as stated by the plaintiffs. They denied that, the deceased defendant had got entered excess measurement in the Municipal records. According to them, though the property of the plaintiffs measure East-West 54 feet and North-South 32 feet, the plaintiffs illegally got entered excess measurement in their sale deed. They contend that, towards northern side of the property of the plaintiffs, there is a Municipal conservancy i.e., galli, which bifurcates the properties of the plaintiffs and defendant. It was stated that, the municipal authorities have made correct entries in the records as per the palupatti in respect of the property owned by the defendant.