KENCHAPPA Vs. LAKKAMMA

JUDGEMENT

(1.) This second appeal is filed challenging the judgment and decree dtd. 13/10/2006 passed in R.A.No.74/2001 by the Civil Judge (Senior Division), Holalkere.

(2.) The parties are referred to as per their original rankings before the Trial Court to avoid confusion and for the convenience of the Court.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that the suit schedule property item Nos.1 to 5 were allotted to the share of the plaintiff's father in the partition effected between the brothers and hence, the plaintiff claimed the relief of declaration to declare that the plaintiff is the owner in possession and enjoyment of the suit schedule properties and for permanent injunction against the defendants. It is contended that as per the said partition, the mutation was effected in the revenue records. After the death of the father of the plaintiff, the plaintiff's name has been mutated in the revenue records. The husband of defendant No.1 died in the year 1940. After the death of the husband of defendant No.1, defendant No.1 started to live with her parents along with defendant No.2. Sanna Kenchappa @ Kenchappa died about 25 years back. The said Sanna Kenchappa had gifted the properties fallen to his share in favour of the plaintiff under a registered gift deed dtd. 15/5/1958. The plaintiff is in possession and enjoyment of the property which was gifted by his senior uncle. The defendants have no right or interest over the said property to interfere with the same. The defendants by misusing the entries in their names in the revenue records, started interfering with the peaceful possession and enjoyment of the suit schedule properties. It is contended that the entries were made in the revenue records behind the back of the plaintiff. As such, no value whatsoever attached to the said entries. Hence, sought for the relief.