KRISHNAPPA Vs. SAMANDURU GRAMA PANCHAYATHI

JUDGEMENT

(1.) The captioned second appeal is filed by the unsuccessful plaintiff, who has challenged the concurrent judgments of the both Courts, wherein the plaintiff's suit seeking relief of declaration of title and for consequential relief of injunction is rejected by both the Courts.

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

(3.) Brief facts leading to the case are as under; The plaintiff has instituted the present suit in O.S.No.2219/2006 claiming title over the suit schedule property. The suit schedule property is vacant site bearing Khaneshmari No.39/3. The plaintiff asserts that he is the owner and in possession of the suit schedule property. Plaintiff claimed that he has purchased the suit property from one Byrappa @ Gopala under the registered sale deed dtd. 11/2/1985. The plaintiff has further pleaded that his vendor while selling the suit property wrongly mentioned the property as Khaneshmari No.40 instead of showing Khaneshmari No.39/3. The plaintiff claimed that the said error was rectified after the death of his vendor - Byrappa @ Gopala. The plaintiff's vendor's widow namely Lakshmamma has executed a Rectification Deed after filing of the suit by the defendants for injunction in O.S.No.52/1999. The plaintiff claimed that the registered Rectification Deed was executed by the widow on 19/12/2000. The plaintiff has further alleged that defendant No.3, without having any semblance of right, title and possession over the suit schedule property, has managed to mutate his name in respect of the suit schedule property in collusion with defendant No.1.