NARAYANA GOWDA, S/O DASE GOWDA; SHIVEGOWDA, S/O THAMMANNAGOWDA Vs. KRISHNAIAH, S/O LATE SANNAIAH @ JAVARAIAH; RAJEGOWDA, S/O BAATHIMMEGOWDA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree in R.A.No.30/2009 dated 25.2.2011 on the file of the Civil Judge (Sr.Dn.) & JMFC, K.R.Pet, whereby the judgment and decree in O.S.No.28/2009 dated 20.4.2009 on the file of the Civil Judge (Jr.Dn.) and JMFC, Krishnarajapete has been set aside and the suit has been decreed.

(2.) The appellants are defendant Nos.1 and 2 in the suit. The first respondent is the plaintiff and the second respondent is the third defendant. For the sake of convenience, the parties are referred to by their respective ranking before the trial Court.

(3.) The plaintiff filed the above suit for declaration that he is the owner of the suit schedule property and for permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the said property. The contention of the plaintiff is that his father Sannaiah was the grantee of the said land. After his death, his brothers and himself have succeeded to the said property. The defendants are strangers to the property. They have no right, title or interest whatsoever over the said property. They are making efforts to oust the plaintiff from the property.