DORESWAMY GOWDA S/O LATE ANNAYAPPA Vs. STATE OF KARNATAKA VIDHANA SOUDHA, VIDHANA VEEDHI, BANGALORE-1, REP: BY ITS CHIEF SECRETARY, THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER, MYSORE-1, THE ASSISTANT COMMISSIONER OFFICE OF THE ASS

JUDGEMENT

(1.) THE concurrent findings of the courts below are called in question in this second appeal by the unsuccessful plaintiff. Heard the learned counsel for the appellant and the Government Advocate for the respondents.

(2.) THE facts leading to this appeal are as hereunder: The appellant/plaintiff filed the suit against defendants No. 1 to 4 to declare him as the absolute owner of the suit property having perfected the title by way of adverse possession and also for a consequential relief of perpetual injunction. The defendants are -the State of Karnataka -the Deputy Commissioner, Mysore, the Assistant Commissioner, Mysore, and the Tahsildar, Mysore Taluk. The suit property is 04 acres 16 guntas of land in Sy. No. 37, Block III of Shyadanahalli village, Mysore Taluk. According to the plaint averments the plaintiff's grand father Doddahatti Annaiah was cultivating the land as an absolute owner to an extent of 11 acres from 1950 without any obstruction. The Government under darkast had granted 4 acres 8 guntas at the first instant in the year 1957 and later 2 acres 6 guntas was granted to him during his lifetime. His grand father died in the year 1980 and thereafter grant certificate was issued to his legal representative. However, his grand father as well as the father of the plaintiff continued to be in unlawful possession of the suit land which was adjoining to the granted land claiming adverse possession. Contending that the defendants are trying to evict the plaintiff the suit was filed for declaration of title and for injunction.

(3.) BASED on the above pleadings the following issues were famed by the court below: