CHIKKANANJEGOWDA Vs. JAVAREGOWDA B.N.

JUDGEMENT

(1.) This matter is listed for admission and I have heard learned counsel for appellants and learned counsel for the respondent.

(2.) The case of the respondent/plaintiff before the Trial Court is that the suit schedule property bearing Survey No.88 measuring 4 acres of Bolenahalli was in possession and enjoyment of the ancestors of the plaintiff, subsequently, it was granted to the plaintiff on 20/3/2002 by the Government. From the date of issuance of saguvali chit, the plaintiff is in possession of the suit property as full owner of the same. Even if, so many persons raised several litigations in respect of the suit property, same are ended in favour of the plaintiff. Defendants are the brothers and they are having their own land towards east of the suit property. But they have no right, title or interest over the suit property, inspite of it they are interfering with the possession of the plaintiff over the suit property. Hence, the plaintiff filed suit for relief of declaration and permanent injunction.

(3.) After service of suit summons, defendants appeared and filed written statement, denying the averments made in the plaint. It is contended that the very claim of the plaintiff that the ancestors of the plaintiff were in possession of the suit property is not correct. It is also contended in fact, the Survey No.88 of Bolenahalli is the Government Gomala land, same is measuring 400 to 450 acres, villagers of Bolenahalli obtained the land in the said survey number by the Government grant and accordingly, as the mother of defendants was in possession of 4 acres in the said survey number from the year 1945, it was granted to her and same is renumbered as Survey No.138, now defendants became the owner of the said land and they are in possession of the same. The suit schedule property is situated towards the west of the land granted to the mother of defendants, defendants ancestors were in possession of the same and now defendants are cultivating the said land. Defendants have filed an application for grant of the land and same is pending. The plaintiff is not in possession of the suit property at any time and he created the documents in collusion with the revenue officers. The defendants filed appeal to the Karnataka Appellate Tribunal and matter is pending. In fact, on the basis of the created document, the plaintiff is interfering with the possession of defendants over the suit property and trying to encroach upon the same.