SHEENAPPA GOWDA Vs. RADHAKRISHNA N

JUDGEMENT

(1.) This matter is listed for admission and I have heard the learned counsel for the appellant.

(2.) The factual matrix of the case of the plaintiff before the Trial Court is that he is in possession of plant 'B' schedule property and he has perfected his title to the plaint 'B' schedule property by way of adverse possession and it is also an allegation that the defendant is trying to interfere with the possession over the plaint 'B' schedule property and suit is filed for the relief of declaration of adverse possession of title and permanent injunction and the same was dismissed by the Trial Court having considered both oral and documentary evidence placed on record and comes to the conclusion that, in order to prove the possession, particularly adverse possession, animus has to be proved and the same has not been proved. Hence, the suit was dismissed.

(3.) Being aggrieved by the judgment and decree of the Trial Court, an appeal is filed in R.A.No.9/2008, wherein the prayer to declare that plaintiff is in adverse possession is waived off and only restricted the prayer for the relief of permanent injunction and First Appellate Court also formulated the point in the appeal whether the plaintiff has established that he is in lawful possession of the plaint 'B' schedule property and whether the defendant is trying to interfere with his possession. The First Appellate Court also on re- appreciation of both oral and documentary evidence placed on record, comes to the conclusion that possession has not been established and the contention of interference is also not established. Hence, dismissed the appeal confirming the judgment of the Trial Court. Being aggrieved by the concurrent finding of the Trial Court and the First Appellate Court, the present second appeal is filed before this Court.