MARCEL LOUIS Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the appellant Sri N.B. Bhat and the learned Government Pleader Sri Bharama Gowda for the Respondent. The present second appeal arises from the Judgment and decree dated 12th December, 1983, passed by Sri S.V. Tilgul, the then District Judge in regular appeal Regular Appeal No. 16 of 1980, dismissing the Plaintiff's appeal and affirming the Judgment and decree of the Trial Court i.e. Civil Judge, Mangalore, dated 30th September, 1980, passed in O.S. No. 161 of 1974, dismissing the Plaintiff's suit. It has to be taken note of at this juncture that, this litigation has been prolonged for more than a quarter of century and it has to be given a final touch otherwise, it may continue, even for this present new century, so, I thought it better to hear the Counsels for the parties on merits as, requested by the learned Government Pleader.

(2.) THE Plaintiff -appellant filed a suit for declaration and injunction vide plaint of the original suit O.S. No. 161 of 1974. Plaintiff alleged and claimed to be the tenant of patta land shown by the red shade in the plan annexed to the original plaint. The Plaintiff -appellant asserted that, the land on both the sides of his patta land (as, described in Schedule -A and shaded by in red colour in the plan to the plaint) has been in his possession and use since 1936, in his own rights and has perfected title to the land shown by Red shade which is on both the sides of his patta land shown by yellow colour shade. The Plaintiff -appellant claimed to have been in adverse possession for more than 30 years of the said land and to have perfected his title to the said land by adverse possession, that is, the land shown by red shade and existing on either sides of the patta land shown and shaded by yellow colour in the plaint plan.

(3.) THE Trial Court on the basis of the pleadings of the parties framed the following issues: