BALAPPA NARASAPPA KARADE Vs. GOVIND NARASAPPA KARADE

JUDGEMENT

(1.) THE respondent was the plaintiff and Appellant was the defendant in the Trial Court. For the sake of convenience, the parties are referred to as per their rank in the Trial Court.

(2.) THE plaintiff filed the suit for declaration that he is the absolute owner of suit schedule properties for possession and for permanent injunction restraining the defendant from interfering with his possession and enjoyment of the same. It is the case of the plaintiff that the defendant in the year 1968 requested to permit him to stay in a portion of the suit house and the plaintiff permitted him to stay. The further case of the plaintiff is that the defendant managed to get his name entered in respect of CTS No. 4137 showing the source of title as ancestral. It is alleged that on the instigation of others, the defendant asserted to claim right, title and interest over half portion but the Tahsildar rejected it. In appeal, the Assistant Commissioner allowed the same on 24. 11. 1986 and on the basis of the said order the defendant is claiming half portion.

(3.) THE defendant filed written statement resisting the suit and denying the plaint averments. It is denied that plaintiff is the absolute owner of the suit properties. On the other hand, it is stated that the elder brother Shidram paid Rs. 2,000/- to the plaintiff and the remaining amount was paid out of the income of the plaintiff and the defendant to purchase the property and that plaintiff being elder to defendant, taking undue advantage Of the same the plaintiff claims to be absolute owner. The defendant asserts that his name is entered in the records pursuant to the order of the Asst. Commissioner, which the defendant claims to be legal and valid.