H.A. VENKATASWAMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the plaintiff aggrieved by the dismissal of his suit (O.S. No. 422 of 2006) by the Court of the Civil Judge (Senior Division) and JMFC, Anekal by its judgment and decree dated 14-8-2009. The plaintiff's version in brief is that the plaintiffs father Sri Chikkannaiappa was in peaceful possession, cultivation and enjoyment of the plaint 'A' and 'B' Schedule lands from 1957-1958. His father has been in possession, occupation and enjoyment of Schedule 'C' land from 1950. On the death of his father in 1978-1979, the plaintiff continued to be in possession of the three schedule lands. He filed the suit seeking the relief of declaration that he has perfected his title by way of adverse possession. He also sought the relief of permanent injunction restraining the defendants (respondents herein) from interfering in his possession and enjoyment of the schedule lands.

(2.) For the reasons best known to themselves, the respondents did not take part in the suit proceedings. They were placed ex parte. Based on the pleadings in the plaint, the Trial Court formulated the following points for its consideration:

(3.) The plaintiff got himself examined as P.W. 1. He also adduced the evidence of an independent witness-H.A. Mohammed Peer as P.W. 2. The documents at Exs. P. 1 to P. 43 are marked for the plaintiff. Based on the pleadings, oral and documentary evidence placed on its record, the Trial Court answered the points against the plaintiff and dismissed the suit.