THAMMAIAH Vs. LATE PUTTAIAH

JUDGEMENT

(1.) This appeal is filed challenging the judgment and decree of dismissal of suit in O.S.No.22/2012 dtd. 11/12/2014 and the judgment and decree of dismissal of appeal in R.A.No.2/2015 dtd. 16/12/2016 and pray this Court to set aside both the judgments and allow the appeal and consequently, pass the judgment and decree in favour of the appellant.

(2.) The factual matrix of the case of the appellantplaintiff before the Trial Court while seeking the relief of declaration and consequential relief of permanent injunction and later amended for possession is that the suit schedule property originally belongs to one Muttu, S/o. Honnegowda and the same has been purchased by the plaintiff by virtue of registered sale deed dtd. 18/12/1972 and he was put in possession of the property. The plaintiff is the absolute owner thereof and he has improved the suit schedule property by spending huge money and has raised coconut garden and paying taxes to the concerned authority. The defendants having no manner of right, title or possession over the suit schedule property made an attempt to interfere with his possession and made an attempt to dispossess him from the suit schedule property by denying the title over the suit schedule property. Hence, suit is filed for the relief of declaration and injunction. It is also the contention of the plaintiff that, during the pendency of the appeal in R.A.No.147/2006, the defendants herein taking advantage of the fact that no injunction was granted, illegally dispossessed the plaintiff from the suit schedule property and hence, sought for the relief of possession.

(3.) In pursuance of the suit summons, the defendants appeared and filed the written statement denying the averments made in the plaint. It is contended that the suit property was originally bearing Sy.No.8 and it belonged to one Muthaiah and his son Mahadevan and after durasth in the year 1964, it is renumbered as Sy.No.52 and the said Muthaiah and his son Mahadevan being the original owner in possession of the suit property, for their family necessity, sold the property in favour of defendant No.1 under registered sale deed dtd. 12/4/1991 for a valuable consideration of Rs.20,000.00 and thereafter, the defendants are in possession and enjoyment of the same as absolute owners and improved the property by availing loan from the bank and constructed a pump-house and farm house and spent an amount of Rs.4,00,000.00 for improvement of the suit schedule property and have grown 260 coconut trees and 450 areca nut trees and the revenue records are also standing in the name of the defendants and they have perfected their title by way of adverse possession.