CHANDRA SHEKHAR Vs. JAGANNATH

JUDGEMENT

(1.) This appeal is filed by the plaintiff challenging the judgment and decree dtd. 17/1/2009 passed in R.A.No.104/2007 on the file of Addl. District Judge, Bidar, whereby the learned District Judge has set aside the judgment and decree dtd. 17/7/2007 passed in O.S.No.02/1997 on the file of Senior Civil Judge Basavakalyan.

(2.) For the sake of convenience, parties herein are referred with the original ranks occupied by them before the Trial Court.

(3.) The brief facts leading to the case is that, the plaintiff has filed a suit against the defendants for the relief of declaration of title, perpetual injunction in respect of suit land bearing Sy.No.118/1 measuring 3 acres 37 guntas situated in Hattarga-S village, Taluk Basavakalyan. That the plaintiff is the owner and possessor of the suit land and his father Mailari was the owner of land bearing Sy.No.118/1 totally measuring 7 acres 14 guntas. He had a wife by name Iravva, who was issue-less. Hence, Mailari got married with Sharanavva, who is the mother of plaintiff. That due to the difference between woman folks, Mailari has given 3 acres 27 guntas of land to Iravva for her maintenance which is renumbered as 118/2 and the remaining portion of land bearing Sy.No.118/1 is belonging to plaintiff. It is further asserted that though the land bearing Sy.No.118 was equally divided, but in the Form No.10 and Akarband, it was shown as Sy.No.118/1 to the extent of 3 acres 18 guntas, while Sy.No.118/2 to the extent of 3 acres 36 guntas. The plaintiff approached the defendant No.1 and requested Iravva to admit the ownership of plaintiff to the extent of 3 acres 27 guntas and consent for correction. But the Iravva had told that Sy.No.118/2 has been transferred in the name of defendant No.1 and he in turn transferred to defendant No.2. Hence, the plaintiff claims that when the defendants have disputed the title of the plaintiff to the extent of 3 acres 27 guntas, he has filed the suit.