MARANNA Vs. THIPPERANGAPPA SINCE DEAD

JUDGEMENT

(1.) Heard the learned counsel for the appellants and also the counsel appearing for the respondents.

(2.) This second appeal is filed challenging the concurrent finding of the Trial Court and First Appellate Court declaring the plaintiff is the owner of the suit schedule property and granted permanent injunction against the defendant in O.S.No.198/1991 and confirmed the judgment and decree in R.A.No.121/2005.

(3.) The factual matrix of the case of the plaintiff before the Trial Court that suit land bearing Sy.No.139 total extent is 25 acres 38 guntas including kharab of 10 guntas was the ancestral property of the plaintiff. Out of the said land, the plaintiff's father had sold 2 acres 20 guntas to defendant's father on its western side in the year 1942. Remaining land continued to be in exclusive possession and enjoyment of the plaintiff's father. The plaintiff is the only son to his father. After death of plaintiff's father, plaintiff is continued to be in possession and enjoyment of the suit schedule property. The khata of the suit land continued to be in the name of the plaintiff's father Mudlagiriyappa and he paid the tax during his life time and after his death, plaintiff has paid the land revenue, whereas, the remaining area was given as Sy.No.139/1A and property which was sold in favour of the defendant's father the Sy.No.139/1B was allotted. The defendant in collusion with revenue authorities got written the pahani in his name at the instance of the Tahsildar and the same was challenged and Assistant Commissioner has set aside the order and the same was questioned before the Deputy Commissioner and Deputy Commissioner reversed the same and the same has been challenged in the writ petition and in the writ petition an observation is made that parties to approach the Civil Court for declaring their rights. It is the case of the plaintiff that based on the said entries, defendant is interfering with possession of the plaintiff.