MANJUNATH Vs. MALATESHA

JUDGEMENT

(1.) Appellant/defendant feeling aggrieved by judgment and decree passed by Civil Judge, Senior Division, Haveri, in R.A.No.24/2006 dtd. 11/12/2007, 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 plaintiffs can be stated in nutshell to the effect that land bearing R.S.Nos.66, 67 and 68 of Hunagund village are the properties inherited by plaintiffs predecessors-in-title. There was partition in between the members of family on 23/4/1961. In pursuance to the said partition M.E.No.558 came to be certified on 7/6/1963 since then all the sharers have cultivated their respective shares. There is a lake in land bearing R.S.No.67 to the extent of 03 acre 18 guntas from which land bearing R.S.Nos.66, 67, and 68 were irrigated. Plaintiffs, defendant and other sharers commonly used the lake for irrigating their lands. Due to irregularity of mansoon, the area measuring 03 acre 18 guntas of land was used for cultivation by effecting oral partition between sharers and northern 34 acre 05 guntas of land is fallen to the share of defendant and Southern portion is fallen to the share of plaintiffs. Accordingly, they cultivated extent of land fallen to their share and grown the crops. One Smt.Puttavva W/o Ningappa Helavar was adopted father of defendant and accordingly M.E.No.644 came to be certified. The defendant got transferred the land in his name under M.E.No.1243 dtd. 5/3/1987. The defendant is causing obstruction for peaceful enjoyment to the extent of land fallen to the share of plaintiffs. Therefore, plaintiffs were constrained to institute the suit on hand for the relief claimed in the suit.