MUKKAATTIRA PEMMAIAH Vs. MUKKATIRA JAYA

JUDGEMENT

(1.) This appeal is filed by the defendant challenging the judgment and decree passed in the original suit as well as in the regular appeal wherein confirmed the judgment and decree of the Trial Court.

(2.) Heard the learned counsel appearing for the respective parties.

(3.) The factual matrix of the case of the plaintiff before the Trial Court that the plaintiff is the absolute owner in possession of bane lands bearing Sy.Nos.322/2, 322/3 and 322/4 cultivated with coffee and other crops and also the wet lands bearing Sy.No.310 situated at Nalavathoklu village, Amanthi Nad. The plaintiff's house and other establishment are situated in Sy.No.322/4. In the year 1970, under an oral partition between the plaintiff, his father Karumbaiah and brothers, the above said properties along with other properties devolved to the share of the plaintiff. In the year 1980, the plaintiff has cultivated the bane lands bearing Sy.Nos.322/2, 322/3 with coffee and other crops and CRC of the said properties has been registered in the name of the plaintiff. It is also the case of the plaintiff that for the last 50 years, the plaintiff and his father has been using the suit schedule road openly, peacefully with the knowledge of the defendant and his father Muthanna without any obstruction and acquired as easement. The plaintiff's father died in the year 1978. The defendant is the owner of the properties bearing Sy.Nos.322/6, 322/7 and those properties are situated in between the properties of the plaintiff bearing Sy.Nos.322/4, 322/2, 322/3 and 310. The suit schedule road is separately fenced on both sides and demarcated with specific boundaries and it has been more particularly described in the rough sketch annexed to the plaint. The suit schedule road is marked as 'A', 'B' and 'C' in the rough sketch and the plaintiff has put up the gate at the point 'C'.