AMINSAB Vs. DEPUTY COMMISSIONER, MINI VIDHANASOUDHA

JUDGEMENT

(1.) The appellants are before this Court being aggrieved by the Judgment and Decree dated 22.02.2019 passed in R.A.No.10/2018 on the file of the Addl. Senior Civil Judge, Jamakhandi, reversing the Judgment and Decree dated 27.10.2017 passed by the Principal Civil Judge & JMFC Court, Jamakhandi, in O.S.No.29/2012.

(2.) The appellants had filed the suit in O.S.No.29/2012 contending that the land in Survey No.9 of Jamakhandi which measures about 216 acres and 18 guntas belong to the forest department, the father of the appellants by name Shaboddin @ Imamsaheb Dafedar was occupying and was in actual possession of an area measuring 1 acre 26 guntas, out of the said Survey No.9 of Jamakhandi since prior to 26.02.1960. The Department of District Survey Officer, Bijapur, conducted a survey during the month of July 1960 in respect of the said land and a P.T. Sheet was prepared, wherein the father of the appellant was shown to be in actual physical possession, occupation and enjoyment of the said land.

(3.) It was contended that, the father of the appellant continued his possession uninterrupted, their father had perfected his title over the said property by way of adverse possession, this right being heritable was inherited by the appellants herein and as such they had filed a suit for declaration of title in respect of the said land when there was an attempt made to disturb the actual physical possession.