NARAYANA MANVA VENKA PUJARI Vs. NARAYAN NARASIMHA BHAT

JUDGEMENT

(1.) DEFENDANT of O.S. No.144/1986 which was pending on the Court of Additional Munsiff, Sirsi, is before this Court challenging the concurrent findings given in O.S. No.144/1986 and R.A. No.71/95. Appellant is the defendant in the said case. Respondent is the plaintiff in the said case. Parties will be referred to as plaintiff and defendant as per their ranking in the trial Court.

(2.) SUIT of the plaintiff is one for the relief of permanent injunction only in respect of 1 acre of land in sy. No. 36 of Kelagadde village as described in the schedule appended to the suit and as described in the sketch appended to the said suit. The schedule property is a part and parcel of sy. No. 36 which is a Government forest land. Plaintiff is stated to be cultivating the suit schedule property unauthorizedly for quite a long time. Plaintiff's case is that he has invested huge money and has improved the suit property. Since the defendant made attempts to grab the suit schedule property possessed by the plaintiff, plaintiff was left with no other avenue except to file a suit for permanent injunction.

(3.) FOLLOWING issues have been framed by the trial Court.