SRI.ANJINAPPA Vs. SMT.BABUN BI

JUDGEMENT

(1.) This Regular Second Appeal is filed by legal representatives of the defendant challenging the judgment and decree dated 18.10.2006 passed in RA.No.226/2002 on the file of the Fast Track Court-V Chikkaballapura confirming the judgment and decree dated 02.11.2002 passed in OS.No.76/1998 (O.S.No.258/1990) on the file of the Civil Judge (Jr.Dn) and JMFC, Gudibanda decreeing the suit of the plaintiffs.

(2.) For the sake of convenience, the parties in this appeal shall be referred to in terms of their status and ranking before the trial Court.

(3.) The plaint averments are that the plaintiffs claim to be the children of one Babu Sab. They have filed a suit in O.S.No.258/1990, seeking relief of directing the defendant to quit and deliver vacant possession of the plaint schedule properties and also sought for mesne profits. It is further averred in the plaint that the said Babu Sab was a resident of Peresandra and the lands bearing Sy.Nos.94/2, 94/3 and 94/4 of Peresandra village belonged to deceased Babusab. The said Babusab had purchased the property from Reddy Avulappa. It is the case of the plaintiffs that the defendant is the owner of the adjacent land and the plaintiffs have surveyed the land belonging to them and came to know that certain extent of their land had been encroached by the defendant and as such it is the case of the plaintiffs that they have issued notice dated 18.06.1990 to the defendant to vacate the encroached portion of the land. However, the defendant sent a evasive reply. Being aggrieved by the same, the plaintiffs registered the suit in O.S.No.258/1990 before the trial Court. Thereafter, the said suit was renumbered it as O.S.No.76/1998.