SHIVANAGOUDA Vs. PRESIDENT

JUDGEMENT

(1.) The plaintiffs are in second appeal.

(2.) The plaintiffs filed a suit seeking for a declaration that they had a right to use the suit property in the area marked as ABX in the plain sketch for the purpose of ingress and egress to their backyard.

(3.) It was their case that they had purchased the suit property under the sale deed dated 30.06.1958 and this suit property, GPC No.95 was a backyard. They stated that their father during his life time, was utilizing the area ABX and after his death, the plaintiffs had been utilizing the area ABX in order to access the backyard. It was stated that this area ABX measuring 13"X10" belonged to the Government and beyond this Government property lay a public raid and this area ABX was essential for them to have access to their backyard. It was alleged that the plaintiffs had been using this area ABX continuously and uninterruptedly and therefore they were entitled for a declaration and injunction, especially, when the Gram Panchayat wanted to interfere with the use of this land for the purpose of construction of Samudaya Bhavan.