C.ANANDAGOWDA Vs. NAGALAKSHMI

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel for the appellant and the learned counsel for the respondents.

(2.) The factual matrix of case of the plaintiff in O.S.No.310/2012 that the suit Sy.No.5/4 totally measuring 2 acre 10 guntas. It was originally belongs to one Chennaiah Lakshmana and Chennarayappa. One Nagamma and her minor son Rangappa purchased 1 acre 5 guntas out of 2 acre 10 gunta under registered sale deed dtd. 19/12/1962. Thereafter, one Chowdaiah purchased 1 acre 5 guntas under registered sale deed dtd. 28/2/1982 from Nagamma and Rangappa. Then the said Chowdaiah converted the land measuring 1 acre 5 guntas in Sy.No.5/4. In the year 1979 and 1983 Chowdaiah sold sites to the third parties and they are residing therein. It is also contended that after conversion, the eastern portion of 1 acre assigned as Sy.No.5/4A3 middle portion assigned as Sy.No.5/2A3 and its most western side measuring 5 guntas assigned and re-numbered as Sy.No.5/4A1 by the concerned survey authorities under Haddu basth phodi durasthi work. As such in the year 1993 this Sy.No.5/4A1 and Sy.No.5/4A3 lands are amalgamated to total extent of 1 acre 5 guntas. The defendant No.2 preferred an appeal against the said survey work before D.D.L.R, Tumakuru which is pending.

(3.) It is also contended that the husband of the plaintiff No.1 and father of the plaintiff No.2 was in possession and enjoyment of the suit properties. After his demise, they are in possession of the suit properties by changing revenue records in their names and out of the said total extent of 30 x 100 feet in the suit item No.2 the said Chowdappa has gifted the northern side measuring 30 x 100 feet to his sister Smt.Chowdamma under registered Gift deed dtd. 17/5/1995 by retaining item No.2 towards southern side. In this regard suit between C.Chowdappa and his vendors in O.S.No.304/1995 is pending before this Court.