VENKATESHAPPA Vs. VENKATESHAPPA AND ANOTHER

JUDGEMENT

(1.) This appeal by the unsuccessful plaintiff is directed against the concurrent judgment and order passed by the Courts below dismissing the suit filed by him for the relief of declaration of title and permanent injunction.

(2.) The subject-matter of the suit is land bearing Survey No. 181 measuring 2 acres situated in Sugatur Village of Kolar Taluk.

(3.) The case of the appellant/plaintiff in brief was that, the suit schedule property was granted to one Muniga, son of Thimma of Sigtur Village, under Dharkasth by the revenue authorities on 3-6-1942 and since then, the said Muniga was in possession and cultivation of the suit schedule property as its absolute owner; that subsequently, the said Muniga sold the suit schedule property in favour of the plaintiffs father under a registered sale deed dated 4-1-1971 and placed the plaintiffs father in possession of the same; that since then the plaintiffs father was in possession and enjoyment of the suit schedule property as its absolute owner till his death; that subsequent to his father's death, the plaintiff has been in peaceful possession and enjoyment of the suit schedule property as its absolute owner; that the defendants who have no manner of right, title or interest over the suit schedule property are trying to interfere with the plaintiffs peaceful possession and enjoyment and they have also denying the title of the plaintiff. The 2nd defendant is stated to be the son-in-law of the 1st defendant.