BALAVENDRA Vs. CATHOLIC CHURCH

JUDGEMENT

(1.) This second appeal arises out of the suit filed by the appellant whereby he had sought to be declared as the owner of the open space measuring 25 feet towards east to west and 75 feet towards north to south which was a part of house No.4/4/274-4/4/290. The Trial Court dismissed the suit and the same has been affirmed by the Appellate Court and hence the second appeal.

(2.) The case of the appellant was that his father Prakashappa and his uncle Chinappa were the owners of house No.1471 and 1472 and in these properties the brothers had constructed a residential house and had left an open space in House No.1471 for their enjoyment.

(3.) It was stated that subsequently, these two properties were clubbed and a common number was allotted as 4/4/274/4/4/290 which together comprised of a house and the open space. It was stated that the open space was to the east of the house.