GANGAMMA Vs. NARASAPPA

JUDGEMENT

(1.) Heard the learned counsel for appellants. This matter is listed for admission.

(2.) The factual matrix of the case of the plaintiff/respondent before the Trial Court that plaintiff is the absolute owner and he is in possession and enjoyment of the suit schedule property and Grampanchayath authorities have confirmed the possession of the plaintiff and issued khata in the name of the plaintiff. The revenue documents issued by the Gramapanchayath discloses that the plaintiff is in possession of the suit schedule property. By virtue of long possession, the plaintiff became the owner of the suit schedule property. The defendants are not having any right, title, interest or possession over the property and interfering with the possession of the plaintiff over the suit schedule property and made an attempt to dispossessing him by colluding with elected members of Grampanchayath. Hence, the plaintiff has filed the suit for the relief of permanent injunction.

(3.) In pursuance of the suit summons the defendants are appeared and filed the written statement i.e. defendant No.2. The defendant Nos.1,3 and 4 have adopted the written statement filed by the defendant No.2. The defendant No.2 in his written statement has contended that he is the lawful owner and person in possession and enjoyment of the suit schedule property. Originally the suit property belongs to one A.K.Thimmaiah S/o A.K.Krishnappa and the said A.K.Thimmaiah has sold the property under the registered sale deed dtd. 23/9/1961 in favour of father of the 2nd defendant for valuable consideration and he was put in possession of the said property. After his death, the defendants being the legal heirs are entitled to his estate. The husband of the 1st defendant is rustic villager, lack of worldly knowledge, as such he could not obtain the katha in his name. The Panchayath authorities also not entered the name of purchaser in the revenue records. The defendants are given necessary petition before the competent authority to effect the katha in their names based on the sale deed. The plaintiff has not approached the Court with clean hands and hence, he is not entitled for any relief of injunction.