IJJABBA BEARY Vs. IJJINABHA ALIAS IJJABHA BEARY

JUDGEMENT

(1.) This second appeal arises from the decision of the learned Second Additional Subordinate Judge of South Kanara, in Appeal Suit No. 89 of 1957 on his file. That appeal in its turn arose from the decision of the learned Additional District Munsiff, Karkala, in O. S. No. 132 of 1955 on his file, therein the plaintiff-appellant prayed far a decree for possession of the suit property on the allegation that he is the owner of the suit site and that the defendant-respondent has trespassed into the same during his absence and built a house therein; hence he is entitled to a decree for possession with mesne profits. The defendant contended that he is the owner of the suit property. Alternatively the contended that he built the house in the suit site under bona fide belief that he was the assignee of the land in question and therefore he is entitled to get compensation for the improvements effected by him in the suit site.

(2.) The trial Court came to the conclusion that the suit site was assigned by the Government to the plaintiff in January 1954; the house therein was built by the plaintiff but unauthorisedly occupied by the defendant, it therefore decreed possession of the suit site along with the building, and mesne profits at the rate of Rs. 6/- per annum; it also allowed some compensation for the improvements effected by the defendant.

(3.) In appeal, the learned Subordinate Judge agreed with the trial Court that the site in question was assigned to the plaintiff; but it held that the defendant bona fide believing that that the same had been assigned to him had put up a building therein and further had effected other improvements in the suit site. Therefore while retaining the decree for possession, it set aside the decree for mesne profits. Further, it granted to the defendant a sum of Rs. 330/- as the value of improvements effected by him.