GANAPATI Vs. KRISHNA

JUDGEMENT

(1.) PLAINTIFF is before this Court by filing an appeal under Section 100 of CPC, challenging the concurrent findings passed in the suit filed by him in O.S. No. 47/2001 and affirmation of the same in Regular Appeal No. 7/2004. Appellant is the plaintiff and respondents are defendants 1 to 6 in the said suit. Parties will be referred to as plaintiff and defendants as per their ranking given in the trial Court.

(2.) THE case of the plaintiff is that, he is the absolute owner of the schedule property, a residential site and that he is in possession of the same. According to the plaintiff, he is in possession of 1.2 anas of land in plot No. 249 carved out of survey No. 517 of Honavar town, U.K. District. The approximate dimension of the spot is 30' east -west and 40' north -south. The case of the plaintiff is that, Town Municipality - 6th defendant granted the site in question in his favour in the year 1983, in order to enable him to put up a house. Since then, he is stated to be in possession of the property. Since Town Panchayat has not provided basic amenities to the said site, he has not constructed house. According to him, defendants 1 and 2 have no manner of right, title in the property in question. The second defendant is stated to be residing in Haladipur village and that 6th defendant - Town Panchayat has not granted any site to the second defendant, more particularly, when second defendant has no eligibility to get the grant. Taking into consideration that the name of plaintiff and second defendant are one and the same, second defendant is stated to have alienated the property in question to the 1st defendant through the registered sale deed dated 12.11.1998. The said alienation is stated to be a fraudulent one and therefore, it does not bind him on the title he has. Defendants 1 and 2 have colluded with each other to grab the site belonging to the plaintiff is his case.

(3.) ON the basis of the above pleadings, the following issues came to be framed: