MRUTUNJAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment in RA No.37/2009 by the Civil Judge (Jr.Dn.), Shorapur by which the judgment in O.S.No.31/2000 came to be reversed and the suit filed by the plaintiff came to be decreed.

(2.) The plaintiff is the appellant before this Court. The parties are referred as per their ranking before the Trial Court for the sake of convenience.

(3.) The case of the plaintiff is that he is the absolute owner and in actual possession and enjoyment of the suit premises bearing Panchayat No.1-31, measuring 110' East-West and 140' North-South situated at Hombalkal village Tq. Shorapur. He contended that there was an ancestral building which was inherited by the plaintiff from his father Veerupakshayya. There were three (3) tamarind trees within the suit area of the said premises and in view of the fact that the premises was a math and it was in a dilapidated condition, the plaintiff obtained the permission for construction from the Mandal Panchayat Balshettihal, but he could not put any construction due to financial restraints. It is contended that the defendants have no manner of right, title or the interest over the said property and the three tamarind trees, but at the instigation of the villagers who are in enimical terms with the plaintiff, the defendant No.2 attempted to auction the fruits of the tamarind trees and thereby attempted to interfere with the peaceful possession and enjoyment of the same by the plaintiff. Therefore, being constrained to file a suit, the plaintiff sought declaration that he is the owner and possessor of the three tamarind trees and consequently the defendants be restrained by the perpetual injunction.