MUNIYAPPA Vs. N.NARAYANA

JUDGEMENT

(1.) This Regular Second Appeal is filed by the plaintiff challenging the concurrent Judgments and Decrees of the Trial Court and First Appellate Court dismissing the suit filed by the plaintiff against his younger brother for declaration of title and perpetual injunction in respect of the suit property.

(2.) For the sake of easy understanding, the parties shall henceforth be referred to as they were arrayed before the Trial Court. The appellant herein was the plaintiff, while the respondent was the defendant before the Trial Court.

(3.) The plaintiff claimed in his suit that he was granted 04 acres of land in Sy.No.49 of Chunchegowdanahosahalli in terms of the Order dtd. 15/6/1979 passed by Deputy Commissioner. He contended that this survey number was later re-numbered as Sy.No.63. Out of the afore extent of land that was granted to the plaintiff, he gifted two acres of land to his daughter on 25/2/2000. He claimed to have raised a loan from the Karnataka Scheduled Castes and Scheduled Tribes Development Corporation which he used to sink a borewell in the aforesaid land. He contended that when his daughter approached the Revenue office for change of khata in respect of the two acres of land that was gifted to her, she came to know that the remaining extent of 02 Acres in Sy.No.63 was already transferred to the name of the defendant. The plaintiff claimed that on 11/11/2006, the defendant trespassed and tried to forcibly take possession of 02 Acres in Sy.No.63 of Chunchegowdanahosahalli. The plaintiff contended that there was no partition between himself and the defendant as claimed by the defendant and therefore, he sought for a declaration of his title to the suit property and for consequential relief of perpetual injunction in respect of 02 Acres of land in Sy.No.63 of Chunchegowdanahosahalli, which shall henceforth be referred to as the "suit property".