G.S. GIRISHA Vs. PADAMBIL CHINNAPPA

JUDGEMENT

(1.) CONCURRENT findings are called in question before this Court by filing an appeal under Section 100 CPC. Plaintiffs are aggrieved by the rejection of the relief of possession sought for by them in regard to properties described in schedule 'B' to 'D' of the plaint. The Trial Court has declared that plaintiffs are the absolute owners of suit 'A' schedule property bearing Sy. No. 197 of Gargandur Village, Somwarpet Taluk, Kodagu District. According to the plaintiffs, the defendants have put up constructions unauthorisedly in a portion of the land as described in schedule 'B' to 'D' which are part of 'A' schedule and therefore, plaintiffs had requested to declare that they are the owners of the portion encroached by the defendants and for the consequential relief of possession. The Trial Court has come to the conclusion that plaintiffs are the absolute owners in possession of land bearing Sy. No. 197 measuring 1 acre 71 cents. But the Trial Court has held that the defendants are not in possession of any portion of the land in Sy. No. 197, but they are in possession of the Government land bearing Sy. No. 222/1 in different stretches.

(2.) THE Trial Court has decreed the suit in part on 16.02.1999. Against the said judgment and decree, an appeal had been filed before the First Appellate Court i.e., the Court of District Judge, Kodagu, by the plaintiffs in R.A. No. 5/1999. The said appeal has been dismissed after contest. Thus the judgment of the Trial Court passed in O.S. No. 49/1993 has been upheld. Being aggrieved by the dismissal of the suit as well as the regular first appeal, plaintiffs have approached this Court.

(3.) THE learned counsel appearing for the parties have submitted their arguments at length. Perused the entire records of the Trial Court and the First Appellate Court.