SAMRATHMAL Vs. BASAVARAJAPPA

JUDGEMENT

(1.) This appeal is by the plaintiff challenging the judgment and decree of the trial Court dismissing his suit filed for possession and for mesne profits. For the sake of convenience, the parties in this appeal would be referred to by their rankings as they are arrayed in the suit before the Court below.

(2.) The plaintiff instituted suit against the defendant seeking for possession of the suit schedule property and for mesne profits from the date of deposit of the mortgage amount with costs.

(3.) The suit schedule property is the land measuring 6 acres 8 guntas, 5 acres 27 guntas, 15 acres 12 guntas, in all 27 acres 7 guntas situated in Sy. Nos. 17,18 and 19 respectively of Alonohally Mandal Panchayath, Chamalapura Village, Hampapura Hobli, H.D. Kote Taluk, Mysore District and land measuring 15 acres 28 guntas situated in Sy.Nos.10 and 15 of Chamalapur Village, Hampapura Hobli, H.D. Kote Taluk, Mysore District morefully described in the schedule appended to the plaint. (Herein after referred to as 'Suit Schedule Property' for short)