BHARATHBAI Vs. INDIRABAI AND OTHERS

JUDGEMENT

(1.) THIS second appeal is by the plaintiff in O.S. No. 24/2003 on the file of Court of Civil Judge (Jr. Dn.) Basavakalyan, who had filed a suit for declaration and recovery of possession in respect of an extent of 30 Ã - 40 feet land in Sy. No. 253 of Kitta Village, Basavakalyan Taluk.

(2.) THE defendants though entered appearance through their counsel, did not file any written statement nor contested the suit, nevertheless, counsel opposed the relief and the Trial Court formulated the following points for its examination: "(1) Whether plaintiff has proved her ownership over suit land and it is part and parcel of land sy. No. 253 measuring 2 acres 18 guntas of Kitta village? (2) Whether plaintiff proves that the defendant have encroached upon suit land and hence she is entitled for possession of land? (3) What order of decree - The Trial Court found that the plaintiff had filed series of suits in respect of very subject land namely Sy. No. 253 measuring 2 acres 18 guntas of Kitta Village and in one of the suits, the Court had decreed the suit only for an extent of 1 acre 20 guntas and the plaintiff having not made good that the suit property in an extent of 30 Ã - 40 feet land as forming part of Sy. No. 253 either within 2 acres 18 guntas or within the 1 acre 20 guntas, found that the plaintiff was not entitled for relief of declaration and consequently no relief of possession also, dismissed the suit.

(3.) IT was urged on behalf of the appellant that the defendants not having filed any written statement rebutting the plaint averments, the plaintiff's evidence and the statement should have been accepted by the Court and suit should not have been dismissed etc.