PARAMESHWAR HANUMANTH NAIK Vs. MADEV HARIYAPPA NAIK

JUDGEMENT

(1.) Appellant/defendant No.2 feeling aggrieved by judgment of first Appellate Court on the file of Civil Judge (Sr.Dn.)., Kumta, in R.A.No.153/2006 dtd. 20/3/2010 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 plaintiff has purchased land bearing Sy.No.50 measuring 38 guntas and Sy.No.50A measuring 5 guntas, totally measuring 1 acre 3 guntas from its erstwhile owner Devappa Timmappa Naik under registered sale deed dtd. 4/3/1983. The plaintiff is in actual possession and enjoyment of suit properties since from the date of its purchase and constructed a house in the said property. The portion shown as 'ABCD' in the hand-sketch map appended to plaint is the property belonging to plaintiff. The portion shown as 'CD' covering 8 coconut trees is the encroached area by defendants. When the same was questioned by plaintiff, defendants asserted their right over the said area and 8 coconut trees. There was boundary stone in between the land of plaintiff and defendants and also fencing was done. The defendants have removed the said boundary stone and fencing, they put up new fencing by covering 8 coconut trees and started asserting their right over the said properties. Therefore, plaintiff was constrained to file suit on hand for the reliefs claimed in suit.