SHIVANNA Vs. CHANNABASAPPA

JUDGEMENT

(1.) This appeal is preferred by the defendant challenging the judgment and decree dtd. 12/3/2008 passed in OS No.210 of 2002 on the file of the learned Civil Judge (Jr.Dn.) at Gubbi (hereinafter referred to as 'the Trial Court' for brevity), which was confirmed by the judgment dtd. 29/9/2012 passed in Regular Appeal No.23 of 2008 on the file of the learned Senior Civil Judge at Gubbi, (hereinafter referred to as 'the First Appellate Court'), decreeing the suit of the plaintiff and restraining the defendant permanently from interfering with the peaceful possession and enjoyment of the suit schedule property by the plaintiff.

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

(3.) Brief facts of the case as found from the records are that, respondent-plaintiff filed the suit seeking permanent injunction restraining the appellant-defendant from interfering with the peaceful possession and enjoyment of the suit schedule property bearing Sy.No.39/1 totally measuring 5 acres 29 guntas. Out of which, 2.20 acres belonging to the plaintiff situated at Gollahalli, Kasaba Hobli, Gubbi Taluk bounded by boundaries mentioned in the schedule. It is contended by the plaintiff that he is the absolute owner in possession and enjoyment of the suit schedule property which was purchased by the father of the plaintiff and defendant - Sangappa, under the registered sale deed dtd. 20/6/1943. After the death of the said Sangappa, plaintiff and defendant have equally divided the property under Ex.P1 - Panchayath Parikath dtd. 20/2/1977, in which, the extent of land measuring 2.20 acres was allotted to the share of the plaintiff and it was mutated in his name in MR No.3/84-85. Thus, the revenue records stand in his name.