TIPPAMMA Vs. SHIVAPUTRA

JUDGEMENT

(1.) This is a second appeal which has been filed by the plaintiffs.

(2.) The plaintiffs had filed a suit seeking for a declaration that they were the owners of land bearing Sy.No.114/2 measuring 12 acres and that the defendant should be directed to hand over the possession of 6 acres out of said extent of 12 acres, which had been encroached upon and which had been demarcated in the plaint sketch in green colour. They also sought for mesne profits @ Rs.12,000.00 per annum be granted to them.

(3.) The plaintiffs contended that the property belonged to Ramanna and after his death his son Basanna had succeeded to the same. It was stated that after the death of Basanna in the year 1972, the name of his wife Tippamma i.e., plaintiff No.1 was entered in the revenue records and the same was found from 1980-81. It was stated that the defendant-Shivaputrappa had surreptitiously got his name entered in the record of rights from the year 1988-89 and he had thereafter encroached upon the land by an extent of 1 acre every year and he had ultimately encroached an extent of 6 acres out of the total extent of 12 acres.