R MUDDUKRISHNA Vs. ERAPPA

JUDGEMENT

(1.) THIS appeal is by the plaintiff against the judgment and decree dated 28th July 2003 in O.S.No.2715/1999 on the file of XIV Addl.City Civil Judge, Bangalore.

(2.) PARTIES are referred to as per their ranking in the trial court.

(3.) CASE of the plaintiff was that, he is the absolute owner of property bearing No.19 'A' schedule property measuring East to West 36+39/2 feet and North to South 45 feet and 'B' schedule property ­ East to West on North ­ 37 1/2 feet, East to West on South ­ 39 feet and on the North to South ­ 30 feet. The said site was formed out of land bearing Sy.No.20/5 of Avalahalli village, Bangalore South Taluk. Plaintiff purchased the site under a registered sale deed dated 21.11.1974. He had paid the taxes to the concerned Village Panchayat, Uttarahali Hobli, Bangalore South Taluk, in 1998 the suit properties were included in Bruhat Mahanagara Palike. The City Corporation also collected betterment charges. Plaintiff had put up building consisting of roof of Asbestos sheets in an area measuring 5 squares in site No.19. He constructed the building and the Corporation had also assessed the building for tax. However, defendant by encroaching upon the schedule property of the plaintiff has put up ACC sheet roofed temporary structure and has obtained electricity connection. The said portion is marked in red colour in the hand sketch produced along with the plaint. Defendant has not purchased site No.19 or 20 except site No.18, however, he is making false claim in respect of site No.20. As such, the defendant has no right, title or interest over the suit schedule property shown in the red colour in the hand sketch. Defendant has no right, title or interest over 'B' schedule property. Accordingly, sought for a decree.