GOUDAPPA Vs. MALLINATHGOUDA

JUDGEMENT

(1.) This appeal is filed challenging the judgment and decree dtd. 22/7/2006 passed in R.A.No.132/2004 by the Civil Jude (Sr.Dn) *Shorapur, Sitting at Shahapur, confirming the judgment and decree dtd. 5/9/2000, passed in O.S.No.132/1998 by the Civil Judge (Jr.Dn) Shahapur.

(2.) For the sake of convenience, parties are referred to as per their ranking before the Trial Court. Appellant is the plaintiff and respondents are the defendants 1 and 2 before the Trial Court.

(3.) Facts giving rise to the filing of the appeal briefly stated are as under: Plaintiff filed a suit for declaration of ownership and possession in respect of land measuring 12 acres 8 guntas in Sy.No.577/5 of Sagar Village, Tq. Shahapur and also sought for permanent injunction by restraining the defendants from interfering with the plaintiff's lawful possession over the land in any manner and for rectification of revenue records of suit land in the name of plaintiff by deleting the names of defendants. It is the case of plaintiff that he is the owner in possession of land in Sy.No.577/5 measuring 12 acres 8 guntas and the said property is the ancestral property of the plaintiff. The defendants are no way concerned to the suit land in any manner at any point of time. But the plaintiff had given the suit land to the defendants for half share crop basis for cultivating the suit land for 15 years. It is contended that plaintiff's ancestor were the absolute owner and in lawful possession of suit land. Now the plaintiff is the absolute owner and in lawful possession of the suit property. The defendants No.1 and 2 entered their names in the record of rights, without the knowledge and notice of the plaintiff and entries of record of rights are having no value in the eyes of law and there is no valid transfer of title. Defendants colluded with the revenue authorities, mutated the suit land without any legal basis. The defendants on the basis of wrong entries in the ROR extracts, are trying to interfere with the possession of the suit land and trying to dispossess the plaintiff from the suit land. Hence cause of action arose for the plaintiff to file a suit for declaration and injunction.