LAWS(KAR)-2013-12-336

SRI N. VENKATESHAIAH Vs. SRI GANGANARASAIAH AND ORS.

Decided On December 06, 2013
Sri N. Venkateshaiah Appellant
V/S
Ganganarasaiah Respondents

JUDGEMENT

(1.) THIS Regular Second Appeal is preferred against the concurrent findings recorded by the Trial Court in OS No. 279/1995 on the file of the Civil Judge Jr. Dvn. Gubbi and as well by the first Appellate Court in RA No. 93/2006 on the file of the Civil Judge (Sr. Dn.) at Gubbi. The brief facts that emanate from the records are that:

(2.) THE defendants 1 to 5 appeared before the Trial Court and filed their written statement claiming that the suit schedule property is the part and parcel of land measuring 16 guntas of land in the said survey No. 53 which the defendants 1 to 5 have purchased the same from the vendor of the plaintiff i.e. 6th defendant earlier to the plaintiffs purchase of the suit schedule property precisely on 10.6.1991. It is contended that after the purchase they have converted the same as sites. They have also stated that, as the plaintiff is not at all in possession, question of interference with the peaceful possession and enjoyment over the property does not arise. In fact, the defendants 1 to 5 since the date of purchase i.e. from 10.6.1991 have been in peaceful possession and enjoyment of the said property.

(3.) SRI Murali, learned counsel appearing on behalf of Sri B. Veerappa for the appellant mainly contends before this court on three points which are enumerated below: