RAMAIAH Vs. BASAPPA

JUDGEMENT

(1.) This appeal is filed challenging the judgment and decree dtd. 23/12/2005 passed in R.A.No.62/2002 by the Civil Judge (Sr. Dn.), Arasikere.

(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 in O.S.No.169/1995 that the plaint schedule property bearing Sy.No.19/7 to the extent of 2 acres 7 guntas is situated at Kanakatte hobli of Holalkere village. The said property is morefully described in the plaint as schedule property. It is contended by the plaintiff that the said property originally belongs to Julalingappa who is the husband of the plaintiff's father's sister. The said Julalingappa and his wife Mallamma had only one son by name Ningappa. The said Julalingappa, Mallamma and their son Ningappa were residing together with the plaintiff and his father during their lifetime. The suit schedule property was enjoyed by him and his family members during their lifetime. After his death, the plaintiff's father Basappa became the lawful owner and was in possession and enjoyment of the suit schedule property for a period of 41 years to the knowledge of entire locality. The defendant had filed a suit in O.S.No.261/1987 against the plaintiff alleging that he is in possession and enjoyment of the suit schedule property by means of sale deed dtd. 27/5/1974 having purchased from one Kariyamma who is the wife of Ningappa. In the said suit, he has filed an application under Order 39 Rule 1 and 2 and sought for grant of temporary injunction and the same was granted in favour of the defendant vide order dtd. 25/5/1987 and the defendant has taken the possession of the suit schedule property by force based on the interim order.