H.M. NAGARAJA Vs. CHANDRASHEKHARAPPA AND ORS.

JUDGEMENT

(1.) This appeal is by the plaintiff. He claimed the reliefs of declaration of his title over 2 acres of land in Sy.No.10/2AP2 of Hallihal Village, Harihar Taluk and permanent injunction to restrain the defendants 1 and 2 from interfering with his possession. The trial court by its judgment dated 17.01.2005 dismissed the suit.

(2.) The plaintiff's case is that 10 acres 29 guntas of land in Sy. No. 10 of Hallihal Village belonged to one Karibasappa. His son Giriyappa sold 6 acres of land to the plaintiff's grandfather Basavanagowda on 11.2.1949. Basavanagowda then sold the said land to Hanumanagowda on 3.6.1954. The plaintiff's father purchased the very same land on 30.4.1957 and then sold 3 acres out of 6 acres to one Kuberappa on the northern side. The first defendant purchased this 3 acres of land from Kuberappa on 3.6.1992. But, on 31.7.1972, a partition had taken place according to which 2 acres of land was allotted to plaintiff's father and 1 acre to his brother Nandigowda. On 28.10.1978 again there was a partition and in this partition the suit property, i.e., measuring 2 acres in Sy. No. 10/2AP2 was allotted to the plaintiff. At that time the plaintiff was a minor and therefore his father was appointed as a guardian. Thus the plaintiff states to have become the owner of the suit property and claims to be in possession of the same.

(3.) On 4.5.2003 at about 10.00 am when the plaintiff's wife was working in the suit property, the defendant No.1 attempted to encroach the suit property on northern side. It is alleged that defendant No.2 supported defendant No.1 at that time. Therefore the plaintiff instituted a suit for the aforesaid relief.