SRINIVAS Vs. MAHADEV

JUDGEMENT

(1.) This Regular Second appeal is preferred challenging the concurrent findings recorded by both the courts below thereby dismissing the suit filed for declaration of the appellants title over the suit property and for a direction to the defendant to deliver the vacant possession of the same apart from payment of damages to the tune of L 10,000/- for the alleged illegal occupation of the suit property. The plaintiff also sought for mesne profits by holding an enquiry in that regard.

(2.) The case of the plaintiff was that the suit property was originally a vacant site bearing No.74 measuring 40 x 20 ft situated at Doddadakeri Village, Kollegal Taluk in Chamarajanagar District. The said site was granted to the mother of the plaintiff one Chowdamma who was in possession and enjoyment of the same and it is she who constructed a country tiled house in the said property. The defendant being the younger brother of Chowdamma was looking after the mother of the plaintiff as plaintiff was employed as a constable in the Border Security Force (BSF). Chowdamma died on 01.03.1992. After the death of plaintiffs mother the defendant requested the plaintiff to permit him to reside in the suit property assuring that he would vacate as and when the plaintiff desired. Based on this assurance of the defendant, the plaintiff allowed the defendant to reside in the house property. However, when the plaintiff requested the defendant to vacate the suit property, the defendant refused. This made the plaintiff to issue him a legal notice and thereafter institute the suit.

(3.) The defendant denied the assertion made by the plaintiff. He contended that Chowdamma had nothing to do with the suit property, as she left Diddadakeri Village about 45 years back having married to one Kulla Maraiah. He asserted that the house in the suit site was constructed by his mother and father and that plaintiffs mother never stayed in the said house. He also asserted that the name of his parents was entered as Kathedars and it was his family which had paid the tax assessed to the house.