CHIKKABORAIAH Vs. KENCHEGOWDA

JUDGEMENT

(1.) This is the plaintiff's second appeal challenging the judgment and decree dtd. 28/2/2005 passed by the Civil Judge (Jr.Dn.) and JMFC, Nagamangala, in OS No.109/1999, which is confirmed by the Senior Civil Judge and JMFC, Nagamangala, in RA No.67/2006 vide Judgment dtd. 30/7/2007.

(2.) For the sake of convenience, the parties herein are referred as per the ranks occupied by them before the trial Court.

(3.) The brief factual matrix leading to the case are as under: The plaintiff-Chikkaboraiah has filed a suit for declaration and consequential relief of permanent injunction pertaining to suit schedule properties measuring 8 guntas in Sy. No.142/3 and 38 guntas in Sy. No. 249 of Bheemanahalli Village with specific boundaries referred thereunder. It is the contention of the plaintiff that the land measuring 1 acre 24 guntas in Sy. No.142/3 and land measuring 4 acres 27 guntas in Sy. No.249 situated in Bheemahahalli Village were originally owned by Boregowda, son of Muddegowda, who was the grand father of the plaintiff. The said Boregowda had six sons namely Chikkamuddegowda, Kallugudigowda, Javaregowda, Ningegowda, Chikkaboregowda and Chikkananjegowda. Out of them, Chikkaboregowda is the father of plaintiff. It is alleged that, in the oral partition between the father of plaintiff and uncles, the suit said schedule properties had fell to the share of the father of the plaintiff. But, in spite of oral partition, the katha and RTC continued in the name of the grandfather of the plaintiff. It is alleged that, after the death of his grand father and father, the plaintiff got changed the katha in M.R. No.13/1994-95 and he continued in possession as absolute owner of said suit properties. It is alleged that the defendants are in no way related to the family of plaintiff and they have no right, title and interest over the suit properties. It is further alleged that, the name of the father of defendants is also Boregowda, as such, by taking advantage of the same, the defendants have created frivolous and fictitious documents in order to get the katha changed in their names and hence, they have no right, title or interest over the suit schedule properties. It is alleged that, by taking advantage of the order of the Assistant Commissioner of Pandavapura, in R.Mis. No.117/97-98 dtd. 27/10/1998, the defendants attempted to dispossess the plaintiff from the suit schedule properties, and hence, he filed a suit for declaration and permanent injunction in respect of suit schedule properties.