MAYANNAGOWDA, Vs. GANGAMMA,

JUDGEMENT

(1.) THIS appeal is filed by the plaintiff -appellant being aggrieved of the judgment and decree passed in R A No.184/2005 on the file of Fast Track Court No.IV at Tumkur, confirming the judgment and decree dated 29.11.1993 passed in O S No.262/1987 on the file of the Munsiff, Turuvekere.

(2.) THE suit schedule property is land bearing Sy.No.98/2 measuring 1 acre 24 guntas situated at Mallenahally village, Mayasandra Hobli of Turuvekere Taluk. The plaintiff claims that Mayanna first son of Veerabhadraiah sold lands in Sy.Nos.98/2, 98/3 and 98/4 measuring 5 acres 10 guntas to plaintiff in the year 1975. Again the second son of Veerabhadraiah by name Sri M V Veeraiah sold Sy.No.98/2 measuring 1 acre 24 guntas in the year 1975 to Lakkanna, the defendant. During the time of this transaction the lands in question were phada. Hence the sale transactions which took place previously were not valid. However, the plaintiff was in possession and enjoyment of the lands in Sy.Nos.98/2, 98/3 and 98/4 without allowing the defendant in those lands. The sale deed dated 17.7.1975 executed by defendant's vendor i.e, Veeraiah is the second sale deed and the same is not genuine.

(3.) IT is the further case of the plaintiff that land in Sy.Nos.98/2 and 98/4 stood in the name of original khatedar i.e., Chotta. Hence Mayanna son of Chotta filed application before the Tahsildar in 1976 for restoration of phada. The Tahsildar by the order dated 17.2.1976 restored phada in favour of Mayanna s/o Chotta. As per the order of Tahsildar the khata of the said lands was later transferred in the name of Mayanna son of Chotta in M R No.35/1976 -77 dated 11.2.1977.