H.S. MANJAPPA Vs. JAGANNATHA

JUDGEMENT

(1.) This appeal is by the defendant.

(2.) The respondent herein filed a suit seeking for a decree of permanent injunction. It was his case that the suit schedule property, which was described as land bearing Sy.No.203/3 measuring 5 acres 21 guntas, was purchased by his father on 14/6/1964 and ever since, their family was in possession of the same. He stated that in the partition dtd. 12/12/1994, the suit property, which was the subject matter of the said partition, was allotted to him. He stated that on the basis of the said partition, the revenue record was mutated and his name was entered in the revenue record. He stated that the suit schedule property was originally a part of Sy.No.203 and after a survey, it had been renumbered as Sy.No.203/3. He stated that he had raised arecanut and saguvani trees and had also constructed a house in the said property. It was alleged that there was interference with his possession and hence, he was constrained to file a suit.

(3.) The defendant contested the said suit. He stated that the schedule was not properly described by giving boundaries and only the survey number was stated and the boundary stones had been showed as its boundaries. It was stated that the suit was filed only to encroach upon his property.