G. CHANDRASHEKAR Vs. SIDDARAJU LATE KARESIDDAIAH

JUDGEMENT

(1.) This second appeal is filed against the reversal of judgment passed by the First Appellate Court in R.A.No.38/2014 granting the relief of permanent injunction reversing the judgment and decree passed by the Trial Court in O.S.No.289/2007.

(2.) The parties are referred to as per their original rankings before the Trial Court to avoid confusion and for the convenience of the Court.

(3.) The factual matrix of the case of the plaintiff while seeking the relief of permanent injunction in the plaint is that the suit schedule property is the land bearing Sy.No.13/1 measuring 1 acre 37 guntas out of 14 acres 38 guntas situated at Kallahalli Village, Urdigere Hobli, Tumakuru Taluk bounded on East- property of Prakashaiah, S/o. Siddabasavaiah, West-property of Hallappa, North-property of Chowdaiah, Palanethraiah and South-Road and Village limits. It is contended that the father of the plaintiff namely Gangasiddaiah has purchased the suit schedule property from the said Yelavaiah for valuable consideration under a registered sale deed dtd. 27/1/1970. All the revenue records were made out in the name of the father of the plaintiff and during his life time, he was in possession and enjoyment of the suit schedule property along with his family members. After his death, the plaintiff has succeeded the suit schedule property by inheritance and continued possession and enjoyment of the suit schedule property. He is cultivating the suit schedule property and raising crops and also paying revenue to the Government. But, after the death of his father, he has not taken any steps for change of revenue entries in his favour for long time and the revenue entries are still continued in the name of the father of the plaintiff and he has filed an petition for change of revenue entries and the same is pending consideration. It is contended that the defendant is no way concerned to the suit schedule property or to Yelavaiah or to the family of the plaintiff. The defendant made an attempt to put up structure in the suit schedule property and hence, suit is filed for the relief of permanent injunction.