THIRAKAYYA Vs. SHANTAPPA

JUDGEMENT

(1.) Appellant/plaintiff feeling aggrieved by the judgment of first Appellate Court on the file of Addl. Civil Judge (Sr.Dn.) and JMFC, Haveri, in R.A.No.27/2003 dtd. 12/10/2007 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 the grandfather of plaintiff - Gurushantayya had taken land bearing R.S.No.6/2 measuring 6 acres 39 guntas and R.S.No.6/3 measuring 5 acres 39 guntas on lease from landlord in the year 1960. On coming into force of Karnataka Land Reforms Act, Gurushantayya filed form No.7. The Land Tribunal has granted occupancy rights on 6/4/1976 and accordingly, patta was issued on 24/3/1979. The name of grandfather of plaintiff is accordingly entered in the records evidenced in M.E.No.641. The pot-hissa in the original records was effected in the year 1960 itself and defendants' predecessor was present at the time of hissa measurement. In the family arrangement, R.S.No.6/3 measuring 5 acres 39 guntas fallen to the share of plaintiff and accordingly, M.E.No.786 came to be certified on 9/3/1984. Plaintiff having suspected that defendants have encroached some portion of land bearing R.S.No.6/3 measuring 5 acres 39 guntas filed application before the ADLR, Savanur, for measurement of R.S.No.6. Notices were issued to all pot- hissa owners and defendants were present. The Taluka Surveyor measured the entire R.S.No.6 and prepared PT sheet on 16/4/1999 wherein it was found that defendants who are owners of R.S.No.6/1 encroached to the extent of 37 guntas of land out of R.S.No.6/3 which is the suit property involved in the suit. Defendants have refused to restore the possession of plaintiff related to suit property. Therefore, the plaintiff was constrained to file the suit on hand for the relief claimed in the suit.