CHANNABASAMMA Vs. SANNAIAH

JUDGEMENT

(1.) This appeal is filed by the defendants under Sec. 100 of CPC challenging judgment and decree dtd. 22/10/2008 passed by the Additional District Judge and Presiding Officer, Fast Track Court, Chamarajanagar ('First Appellate Court' for short) in RA No.58/2006 by reversing the judgment and decree dtd. 31/1/2006 passed by the Additional Civil Judge (Jr. Dn.) and JMFC, Chamarajanagar ('trial Court' for short) in O.S. No.53/2003.

(2.) For the sake of convenience, the parties herein are referred as per the original ranks occupied by them before the trial Court.

(3.) The brief case of the plaintiff is that, he is the grand son of Nanjaiah @ Sotha Nanjaiah and Kempamma and son of Basavaiah. The Basavaiah was the only son of said Sotha Nanjaiah and Kempamma. Basavaiah was having four sons and the plaintiff is the third son of Basavaiah. The suit schedule property situated in Jyothigowdanpura Villalge, Chandakavadi Hobli, Chamarajanagar was purchased by the grand father-Sri. Sotha Nanjaiah in the name of grand mother of the plaintiffs by name Smt.Kempamma on 7/4/1971 under a registered sale deed and katha is standing in the name of Sotha Nanjaiah, which is ancestral property of the plaintiffs. The plaintiffs and their father were in possession and enjoyment of the suit schedule property and the defendants are interfering in their peaceful possession and enjoyment. Hence the plaintiffs filed a suit for declaration of their title and injunction against the defendants before the trial Court.