MAHADEVAMMA Vs. MALLIKARJUN

JUDGEMENT

(1.) The captioned second appeal is filed by unsuccessful plaintiff who has questioned the concurrent findings of the Courts below wherein the suit for bare injunction simplicitor and for compensation filed by the plaintiff is dismissed by both the Courts.

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

(3.) The plaintiff has filed the present suit claiming to be the owner of agricultural land bearing Sy.No.25/A measuring 11 acres 13 guntas. The plaintiff has specifically stated that defendants are owners of the adjacent lands bearing Survey No.26, which is situated to the south of the suit schedule property. The plaintiff claims that defendants have an independent road in Survey Nos.4, 6, 7, 8 and 9. The grievance of the plaintiff is that defendants by misrepresentation submitted an application before the Tahsildar asserting that there is a cart way on the suit property and started obstructing the plaintiff's peaceful possession and enjoyment over the land bearing Survey No.25/A. The plaintiff's case is that there is a pathway and the same is admitted by the plaintiff. The apprehension of the plaintiff is that defendants are high handedly trying to convert the pathway into cart way and intend to utilize the plaintiff's agricultural land. Therefore, the present suit is filed.