V P VEDANTHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned second appeal is filed by the unsuccessful plaintiff questioning the divergent findings of the Courts below wherein Appellate Court has reversed the judgment and decree of the trial Court granting relief of declaration of title by way of adverse possession and consequently, suit is dismissed by allowing the appeal. These divergent findings are under challenge by plaintiff.

(2.) For the sake of brevity, the parties are referred to as per their rank before the trial Court.

(3.) The plaintiff has instituted the present suit seeking relief of declaration of title by way of adverse possession against the defendants/State. The subject matter of the suit is agricultural land bearing Sy.No.33 measuring 9 acres 31 guntas. The plaintiff has contended that one H.Veerappa under Saguvali Chit No.5/1944-45 dtd. 21/7/1944, grant was made in favour of said Veerappa, but, however, failed to pay arrears of land revenue and the same was put in public auction and since there were no bidders, State Government resumed the land. The plaintiff contended that however at no point of time, the said Veerappa was put in possession of the suit schedule property and it was the father of the plaintiff namely Poojari Kenchappa who was in actual cultivation and enjoyment of the suit land. Therefore, plaintiff contended that his father was in continuous possession of suit land without anybody's obstruction since 1962 which was open, continuous and hostile animus to that of defendants.