APPIREDDIGARI CHOWDAPPA Vs. NARAYANAMMA

JUDGEMENT

(1.) THIS appeal is arising out of the order of Prl. District Judge, Kolar, in R.A. No. 4/2002 dated 7.4.2004.

(2.) APPELLANT -plaintiff had filed a suit before the Civil Judge (Sr. Dn.), Chintamani in O.S. No. 172/1997 seeking to declare that he is the absolute owner and in possession of the suit schedule property and, also for grant of permanent injunction against the defendant restraining her from interfering with his peaceful possession and enjoyment. The suit schedule property is an agricultural property in Sy. No. 52 measuring 4 acres and 8 guntas situate at T. Gollahalli village of Chintamani Taluk.

(3.) BASED on the pleadings and the material evidence on record, the trial Court having raised as many as four issues, has dismissed the suit of the plaintiff on the ground that plaintiff has tailed to prove the case; there is no cause of action; intention of the plaintiff was only to swallow the portion of the defendant's share in the suit property; he has failed to prove the exclusive title over the suit schedule property; defendant is having half share in the suit schedule property which has devolved on her after the death of her father Ramaiah, who is none other than the son of Konappa and that defendant is the co -owner of the suit schedule property. As against the said order, plaintiff preferred an appeal before the Prl. District Judge, Kolar in R.A. No. 4/2002. The appellate Court, after hearing both sides, has dismissed the appeal. Hence, this second appeal by the plaintiff.