ERAKONDAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This matter is listed for admission and heard both the counsel and also learned HCGP.

(2.) The factual matrix of the case of plaintiff in the O.S.No.18/2002 is that the suit schedule property originally belongs to the Highness Maharaja of Mysore and the same was sold in favour of Smt.Bhagyalaxmi under a registered sale deed dtd. 27/9/1963. The same was sold to the plaintiff vide sale deed dtd. 2/6/1966 and the same was registered on 6/7/1966. It is also the case of the plaintiff before the Trial Court to restrain the defendants from interfering with peaceful possession and enjoyment of the suit schedule property. Hence, sought for relief of declaration as well as permanent injunction.

(3.) The defendants appeared and also filed a written statement contending that originally the property belongs to the Forest Department and the said Forest Department handed over the property to the Revenue Department and thereafter it was legally granted to defendants No.6 to 10. The defendants have also alternatively sought for the relief of adverse possession, contending that they are in possession for a period of 40 years.