LAWS(KAR)-2020-4-51

BABU RAJENDRA Vs. BASALINGAPPA AND ORS.

Decided On April 21, 2020
Babu Rajendra Appellant
V/S
Basalingappa And Ors. Respondents

JUDGEMENT

(1.) The unsuccessful plaintiff in O.S.No.17/2002 before the trial court has preferred this appeal against the dismissal of his suit for declaration, permanent injunction and other reliefs in respect of the suit schedule immovable property. The property as described in the plaint is House bearing No.3-115, Station Saidapur, coming under Saidapur Gram Panchayath, Yadgiri Taluk, totally measuring 427 ft. North-South and 515 ft. East to West comprising of a residential building, office room cum godown, well and factory premises, bounded on East by: PWD Road, West by: Public way, North by: Public way and South by: Suit houses as per the sketch annexed to the plaint.

(2.) For the purpose of convenience, the parties are referred to by their respective ranks before the trial court.

(3.) The appellant-plaintiff filed the instant suit interalia contending that the aforesaid suit schedule property was built by his fore father for an oil mill and thereafter, the plaintiff's ancestors used the premises to run the said oil mill and the adjoining building for office and other purposes. It was contended that the said oil mill being run under the name and style 'Jagdishchandra Trading Co.,' was approved by the Excise department on 26.10.1964. So also, the Chief Inspector of Factories approved the existence and a running of factory in the said premises on 15.11.1960. It was contended that the plaintiff was residing in the premises meant for office and other use and the oil mill building being in a dilapidated condition was not functioning.