RAMANNA Vs. RAJAGOPAL

JUDGEMENT

(1.) This is an appeal by the defendants against the concurrent findings of the Courts below :

(2.) Plaintiff filed O.S. No. 309 of 1974 in the Court of the Addl Munsiff, K.G.F., for declaration of his title to the suit property which consists of a site measuring 35 x 45 feet, situated in Gopasandra village in Malur Taluk. The injunction sought for against the defendants from interfering with the peaceful possession and enjoyment of the suit schedule property by plaintiff was granted to him on the strength of the order of the Tahsildar, Malur Taluk, dated 11-6-1974 under which the plaintiff had purchased the piece of land involved herein, which was marked in the trial Court as per Ex. P-1.

(3.) Defendants resisted the suit on the ground that the suit schedule property was their ancestral property and that they had in fact built a hut on the suit schedule site which collapsed and which was being used for tathering their cattle within the standing walls without roof. There is also an averment to the effect that foundation has been laid on three sides for a fresh construction.