JUNJAPPA Vs. NANJAMMA

JUDGEMENT

(1.) Defendant has filed this second appeal. Respondent had filed the suit for declaration of her title in respect of suit land and for a decree of perpetual injunction restraining the appellant from interfering with her possession and enjoyment of the suit land. The trial Court decreed the suit, which when questioned in first appeal by the appellant herein, was affirmed by dismissal of the appeal.

(2.) Brieffacts of the case are that,One Eraiah had two sons by name (1) Eramadaiah @ Gundaiah and (2) Junjappa-the appellant. The respondent is the wife of Eramadaiah @ Gundaiah. Said Eramadaiah @ Gundaiah and the appellant-partitioned their properties. One of the items of properties, which was partitioned between them.is Sy.No.247/1 of Machahalli village. Each of them took 24 guntas of land in the partition. The property that fell to the share of the respondent's husband was phoded as Sy.No.247/lA and the property which feil to the share of the appellant was phoded as Sy.No.247/lB. Katha was mutated in their respective names.

(3.) Appellant got his 24 guntas of land converted into non-agricultural purpose and thereafter, formed residential sites and has disposed of the same. According to the appellant, 6 guntas of land in the said survey number was exchanged by executing a document and thus, he was the owner in possession of 6 guntas out of the said land i.e., Sy.No.247/lA. There was proceedings before the revenue authority with regard to mutation proceedings, since the defendant had got his name entered as Kathedar in respect of the said 6 guntas of land in Sy.No.247/1A (portion of suit land) on the basis of an alleged exchange deed, he contended that he was in possession of the said property as its absolute owner. Respondent/ Plaintiff questioned the said Act of the plaintiff and instituted the suit for the said reliefs.