AJIT BHARAMAPPA AKKI Vs. VENKANAGOUDA HANMANTHGOUDA SALMANI

JUDGEMENT

(1.) Appellants/defendants feeling aggrieved by the judgment of first Appellate Court on the file of I Addl. Civil Judge (Sr.Dn.), Hubballi, in R.A.No.139/2006 dtd. 30/10/2007 preferred this appeal.

(2.) Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of plaintiff can be stated in nutshell to the effect that Kundagol taluk Gudageri gram panchayat, Gudageri village property bearing R.S.No.538/1/3 plot No.1 and property bearing No.1417 are the properties purchased by plaintiff under the registered sale deed dtd. 23/7/1993 from its' erstwhile owner Basavaraj Shivappa Malali. The defendants are the owners of property bearing gram panchayat No.254 measuring 1 gunta in R.S.No.538 of Gudageri village. The property of plaintiff bearing No.207/1 is also situated adjacent to the suit schedule property. The defendants have encroached 8 1/2 annas in property bearing No.1417 plot No.1 in R.S.No.538/1/3. The plaintiff filed an application to conduct survey of the suit schedule property in the year 2004 and notice was issued to the defendants. On 5/1/2005, Taluka Surveyor visited the suit schedule properties and prepared PT sheet by fixing the boundaries to the suit schedule properties by showing 8 1/2 annas area encroached by the defendants. The defendants have refused to remove the encroachment in the plot belonging to the plaintiff. Therefore, the plaintiff was constrained to institute the suit on hand for the relief claimed in the suit.