BHAGYA Vs. M RAMU

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the appellants.

(2.) This appeal is filed challenging the judgment and decree dtd. 30/11/2021 passed in R.A.No.221/2019 on the file of the III Additional District and Sessions Judge, Mysuru.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that he is the absolute owner of the land bearing Sy.No.144 measuring 0.04 guntas situated at Kasaba hobli, Mysuru taluk, Mysuru. The said land was granted to the plaintiff by Bhoo Nyaya Mandali in K.L.R.M.4253-4280/79-80. In the said land, the plaintiff constructed five residential houses and one shop. The plaintiff is also residing in one portion of the house. The shop was given on a rent to one Boregowda. The defendant who is the brother of the plaintiff sold his entire properties and thereafter requested the plaintiff to give permission to stay in the suit schedule property hence, the defendant is residing in the said premises since nine years. It is also the case of the plaintiff that without having any right, title or interest over the suit schedule property, in order to harass the plaintiff, the defendant filed a suit in O.S.No.906/2005 in respect of the suit schedule property. The said suit came to be dismissed and against the said dismissal order, the defendant preferred an appeal and the said appeal also came to be dismissed on 17/1/2012. Now, the sons of the plaintiff require the suit schedule property to reside therein. Hence, the plaintiff requested the defendant to vacate and handover the suit schedule property and also issued legal notice on 16/4/2012 calling upon the defendant to vacate and handover the suit schedule property and the said notice was served on the defendant but he neither complied nor replied to the notice. Hence, without any other alternative, the suit was filed.