PARWATEWA VIRUPAXAYYA HIREMATH AND OTHERS Vs. NAGAYYA

JUDGEMENT

(1.) THIS second appeal is filed by the defendants in O.S. No. 1018/1989, assailing the judgment and decree passed in RA No. 212/2003 (Old R.A. No. 143/1999), by the Prl. District Judge, Dharwad dated 16.3.2006, decreeing the suit of the plaintiff by setting aside the judgment and decree dated 3.8.1999, passed by the Prl. Civil Judge (Jr.Dn.) Dharwad in OS. No. 1018/1989.

(2.) FOR the sake of convenience, parties shall be referred to in terms of their status before the trial Court.

(3.) ACCORDING to the plaintiff, Sy. No. 56/1, measuring 4 acres 20 gunta and Sy. No. 57/1, measuring 13 acres 22 guntas, situated at Hindasgeri village and Sy. No. 39/1 -2B, measuring 8 acres and Sy. No. 39/1 -2C. measuring 8 acres at Benachi village are the exclusive properties of plaintiff and his brothers. The plaintiff stated that he has two brothers and his mother who are enjoying the suit properties after his father died in the year 1957. The suit properties were purchased by the plaintiffs father out of his own income and efforts by registered sale deed on 21.5.1934 for consideration of Rs. 300/ - that the suit, properties are the self -acquired properties of plaintiffs father. After the death, of plaintiffs father, defendant No. 1 was cultivating the suit properties on behalf of plaintiff and his minor brothers. After attaining majority, the plaintiff started cultivating of the suit lands alongwith his brothers. Defendant No. 1, being uncle of plaintiff was residing independently at Kogilgeri village. But he started asserting that he is also having 2 1/2 share in the suit properties, whereas he has no right, title and interest over the suit properties. Moreover, the defendants were bent upon taking forcible possession of eastern 1/2 portion of the suit properties by dispossessing the plaintiff. Therefore, possession of the suit property by the defendants is illegal and unauthorized. Plaintiff has, however, stated that lands at Hindasageri village were purchased by his father and thereafter, the lands at Benachi village were purchased in the year 1949. After the death of the plaintiffs father, Siddayya the uncle of plaintiff got his name entered in the suit properties at Benachi village and created false documents, though he had no right, title and interest over the suit properties and that the defendants herein were asserting their claim over 1/2 share in the lands at Hindasageri village. Therefore, the plaintiff sought relief of declaration that, he is the exclusive owner of the suit, property and injunction and alternatively for possession.