HAJERABI, MRS. SHARBHANU, D/O. KAZI MOHAMMED SAHEB, MRS. NAJEEMA, D/O. KAZI MOHAMMED SAHEB, P.O. MANDAGADDE AND MR. KAZI JEFRI, S/O. KAZI MOHAMMED, SAHEB Vs. MR. KHALIFA MOHAMMED MEERA, MRS. BIBI KHATIJA, MRS. MUMTAZ AND MRS. BIBI FARIDA, KHALIF

JUDGEMENT

(1.) THIS second appeal by the defendant nos. 1(sic), 1(o), 1(d) and defendant no.2 is directed against the concurrent judgment and decree passed by the Court Below, decreeing the suit of this respondents/plaintiffs for possession of Schedule 'B' property measuring 9 cents in survey no.96/ 1A -4A of Kavredy Village Kundapura Taluk.

(2.) THE plaintiffs filed suit for the relief of possession Interest contending that the lead bearing survey No. 96/ 1A -4A measuring 37 cents of Kavrady Village, Kundapura Taluk was granted in favor of the lather of Khalifa Ahamed Saheb in the year 1964 by the Tahsildar, Kundapura under Exhibit -P1 and subsequently in the year 1972 -73, 40 cents of land came to be acquired by the Government for widening the highway; that the remaining extent of land was in their possession; that in the year 1992, the defendants encroached land to an extent of 9 cents. The said land measuring 9 cents was described as 'B' Schedule to the plaint, while the entire land was described as 'A' Schedule.

(3.) THE Trial Court by its judgment dated 19.01.2002 answered the material issues in favor of the plaintiffs and held that the defendant have failed to prove the plea of advance possession. In the light of the same, the Trial Court held that the plaintiffs being the owners of 'B' Schedule property ere entitled for possession of 'B' Schedule property and since the defendants have encroached 'B' Schedule, they are not entitled to remain in possession of the same.