SHEKARAPPA Vs. PUPPANNA

JUDGEMENT

(1.) This is an appeal filed by the defendants challenging the concurrent finding of fact recorded by the Civil Judge (Jr.DN) and Addl. JMFC, Tarikere in O.S.No. 160/2003 which was confirmed by the Senior Civil Judge and Prl. JMFC, Tarikere in R.A.37/2007.

(2.) The appellants herein were the defendants while the respondents herein were the legal representatives of the deceased plaintiff.

(3.) The plaintiff sought declaration of his title and recovery of possession of 12 guntas of land in Sy.No.23/2 of Sokke village, Ajjampura Hobli, Tarikere Taluk, Chikmagalur District. The plaintiff claimed that the land bearing Sy.No.23 of Sokke village was earlier owned and possessed by Puttappa, who was the propositus of a joint family comprised of Naganna and Nanjanna. After the death of Puttappa both Naganna and Nanjanna divided the land bearing Sy.No.23 in terms of an un-registered partition dtd. 24/4/1919. The land in Sy No.23 was re-surveyed and sub-divided into Sy No.23/1 to 23/4. The land in Sy No.23/1 was allotted to the share of Nanjappa, while Sy No.23/2 was allotted to the share of Naganna. The plaintiffs are the legal heirs of Naganna and defendants are the grand sons of Nanjappa. It was alleged that the land in Sy No.23/1 lay on the western and southern side of Sy No.23/2. The plaintiff alleged that the defendants had encroached 12 guntas of land in Sy No.23/2 which came to his knowledge after the ADLR conducted a survey and hence, suit was filed for declaration of title and consequently, recovery of possession.