BASAVARAJU Vs. SHIVAKUMARA SWAMIGALU

JUDGEMENT

(1.) The captioned second appeal is filed by unsuccessful plaintiffs, who have questioned the concurrent findings of the Courts below, wherein the plaintiffs suit for declaration of title in respect of the suit schedule properties and in the alternate, title by way of adverse possession and for consequential relief of perpetual injunction is dismissed by both the Courts.

(2.) For the sake of brevity, the parties are referred as they are ranked before the Trial Court.

(3.) The subject matter of the suit are agricultural lands bearing Sy. No.84/1 and Sy. No.84/2 measuring 34 and 39 guntas respectively situated at Oorkere Village, Kasaba Hobli, Tumkur Taluk. Plaintiffs have filed the present suit by contending that suit schedule properties are ancestral properties of the plaintiffs family. Plaintiffs have specifically pleaded that during life time of their father and uncle, there was a partition in the family. In the said partition, properties in question were allotted to the plaintiffs father and their father acquired absolute right over the properties in question. After his death, plaintiffs have succeeded to the suit lands. Plaintiffs have specifically pleaded that they are in lawful possession and enjoyment over the suit schedule properties as absolute owners. At para No.2 of the plaint, the plaintiffs alleged that defendant is very influential person and is trying to dispossess the plaintiffs from the suit schedule properties. Defendant has made a false claim that one Gangamma D/o Siddamma gifted the suit item No.1 in favour of one Nanjappa Deskendra Swamiji under registered Gift Deed dtd. 11/1/1965 and the said Nanjappa Deskendra Swamiji in turn under a registered Gift Deed dtd. 30/1/1968 gifted the suit item No.1 in favour of defendant. Likewise, Siddappa gifted the suit item No.2 in favour of Nanjappa Deskendra Swamiji under a registered Gift Deed dtd. 25/3/1965 and the said Nanjappa Deskendra Swamiji in turn gifted the suit item No.2 in favour of defendant under a registered Gift Deed dtd. 30/1/1968. The said Gift Deeds in favour of the defendant was also seriously disputed by the plaintiffs. The plaintiffs have also set up a plea of adverse possession and claimed that they have perfected their title by way of adverse possession. Based on these set of pleadings, the present suit is filed seeking relief of declaration of title and for consequential relief of injunction.