AMBALAL Vs. IRANNA

JUDGEMENT

(1.) This appeal is filed by the plaintiff of an original suit bearing O.S. No. 244/1989, which was pending on the file of the Additional Civil Judge (Jr. Dn.), Gokak. Suit filed for the relief of possession of the encroached portion came to be dismissed by a considered judgment dated 07.02.2001.

(2.) On the basis of the pleadings of the parties, as many as 9 issues and one additional issue had been framed by the trial Court.

(3.) Issue Nos. 1 to 3 regarding the ownership of 3 acres 17 guntas of land in R.S. No. 139 MA, the suit property being the part and parcel of R.S. No. 139/1A of Gokak and in respect of encroachment of an area indicated in letters 'ABCD' have been answered in the affirmative. Insofar as it relates to the possession of encroached portion indicated in letters 'ABCD' has been answered in the negative vide issue No. 4. Issue No. 5 in regard to the entitlement of mesne profits is not pressed. Issue No. 6 has been answered in the affirmative holding that the trial Court has no jurisdiction to entertain a suit as contemplated in paragraph 5 of the written statement, more particularly, in the light of the inhibition under Section 62 of the Karnataka Land Revenue Act, 1964.