KESHAV Vs. ASHOK

JUDGEMENT

(1.) Appellant/plaintiff feeling aggrieved by judgment of first appellate Court on the file of Senior Civil Judge, Honavar, in R.A.No.18/2007 dtd. 21/8/2010, 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 plaintiff can be stated in nutshell to the effect that plaintiff is absolute owner and in possession of Bailur village survey No.204/7 measuring 16 guntas which he has purchased under two separate registered sale deeds dtd. 20/1/1998 and 12/10/2000 of 8 guntas each under said sale deed and both the properties situated in the same compound consisting of house, well, coconut, arecanut and banana trees. There was cattle shed in the suit property and defendant asked for occupation in half portion of it. The plaintiff after effecting necessary repair given the said half portion to the defendant on leave and license basis. Other than this defendant has no any right over the suit property. However, defendant in collusion with panchayat officials got entered his name in the records of suit property and started asserting his right over half portion of the house in his occupation. The license to leave is terminated by notice dtd. 8/3/2023 and same is replied by defendant on 15/3/2003 and claimed that he is the owner of the suit property. The defendant is in illegal occupation of the half portion of the suit property and liable to pay rent of Rs.500.00 per month. Therefore, plaintiff was constrained to institute suit on hand for the relief claimed in the suit.