KESHAVA REDDY Vs. SYED RAZA HASHMI

JUDGEMENT

(1.) The captioned second appeal is filed by the defendant questioning the divergent findings of the Courts below wherein plaintiff's suit which was dismissed by the Court of first instance is reversed by the Appellate Court by allowing the appeal and consequently suit is decreed declaring the plaintiff as absolute owner and defendants are directed to handover vacant possession.

(2.) For the sake of brevity, the parties are referred to as per their rank before the trial Court.

(3.) The plaintiff instituted suit for injunction simplicitor at the first instance alleging that he is highhandedly dispossessed. The plaintiff sought for relief of possession and declaration. The subject matter of the suit is site bearing Mpl.No12/10/62/A. The plaintiff claimed that CMC, Raichur has allotted the site in favour of plaintiff by issuing the 'Hakku Patra'. The plaintiff claimed that he was in lawful possession and enjoyment as absolute owner. The plaintiff has further alleged that defendants taking undue advantage of the fact that the site was kept vacant, tried to encroach and grab the suit property owned by the plaintiff and started highhandedly putting up construction. The plaintiff further alleged that inspite of repeated requests, the defendants have completed the construction and therefore are in unlawful possession of the suit land and hence, sought for relief of declaration and for possession.