BASAPPA Vs. POOJARI KONKAPPANAVARA

JUDGEMENT

(1.) This appeal is filed under Sec. 100 of CPC by defendants challenging the judgment and decree in O.S.No.137/1998 passed by the Civil Judge (Jr.Dn), Kudligi and confirmed in R.A.No.3/2009 by the Senior Civil Judge, Kudligi, vide judgment dtd. 30/11/2010.

(2.) For the sake of convenience, parties herein are referred with the ranks occupied by them before the Trial Court.

(3.) The plaintiffs filed a suit for declaration and injunction. It is asserted by the plaintiffs that they are absolute owners of the suit property bearing Survey No.250/B measuring 5 acres 27 guntas situated in Chirabi village of Kudligi Taluk. That the plaintiffs have inherited the suit property from their ancestors and the plaintiffs are uneducated and they do not know about the measurements and entries in revenue records. On 10/10/1998, when the plaintiffs were working in the suit property, the defendants obstructed them and they did not allow the defendants to enter the suit land. On enquiry, the plaintiffs came to know that the Patta has been changed in the name of defendants. Neither the plaintiffs nor their ancestors have alienated the suit property, but the defendants have got changed the title illegally without there being any document of title. Hence, the plaintiffs have filed suit and prayed for injunction against the defendant.