SIDDAYYA Vs. PRAKASH

JUDGEMENT

(1.) This appeal is filed by the defendants under Sec. 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree passed in O.S.No.83/2002 by the I Addl. Civil Judge (Jr.Dn.), Gulbarga (hereinafter referred to as 'the Trial Court' for short), dtd. 19/4/2007 and confirmed in R.A.No.75/2007 by the Principal Civil Judge (Sr.Dn.), Gulbarga (hereinafter referred to as 'the First Appellate Court' for short), vide judgment and decree dtd. 27/8/2007.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Trial Court.

(3.) The brief factual matrix leading to the case are that, the plaintiff has filed a suit in O.S.No.83/2002, seeking declaration that he is the absolute owner in possession of the suit schedule property bearing Sy.No.100 measuring 1 acre 6 guntas situated at village Belur (K), Tq. & Dist. Gulbarga with the consequential relief of permanent injunction against the defendants from interfering in his peaceful possession and enjoyment of the suit property. The plaintiff contended that he has purchased the suit schedule property from the defendants under registered sale deed dtd. 29/6/1983 and the execution of the sale deed was coupled with delivery of possession. According to the plaintiff, the Sub-Registrar, who was required to send 'J' form to the concerned prescribed revenue authority has not done so and thereby khata was not changed in the records in the name of the plaintiff, though he purchased the suit schedule property under registered sale deed. He contended that due to attitude of the Sub-Registrar, the revenue entries continued in the name of the defendants and taking disadvantage of these wrong entries, the defendants are attempting to interfere in his peaceful possession and enjoyment of the suit schedule property by denying his title. Hence, he claimed declaration as well as injunction by filing the suit.