JANABAI Vs. DEVENDRA

JUDGEMENT

(1.) THE plaintiff in O.S. No. 24/1998, on the file of Civil Judge (Jr. Dn.), Haliyal, has come up in this second appeal impugning the judgment and decree dated 8.7.2013, passed in R.A. No. 201/2006, on the file of Senior Civil Judge, Yallapur, sitting at Haliyal.

(2.) THE brief facts leading to this second appeal are that the appellant herein is the plaintiff in O.S. No. 24/1998 which was filed for the relief of declaration and permanent injunction with reference to suit schedule property i.e., open land bearing Municipal No. 656/B, situated in CTS No. 3121/60 of B ward of Haliyal. According to the plaintiff, the aforesaid land is open land belonging to panchayat, on which she had put up a cow shed and has been in possession and enjoyment of the same utilizing the said land as her cow shed. It is also her case that she was in possession and enjoyment of the suit property as its owner for the past 15 years prior to filing of the suit without obstruction from anybody by paying tax to the Town Municipal Authority, Haliyal. According to the plaintiff, the defendant in the original suit who is respondent herein tried to dispossess her from the suit schedule property without having any right, title or interest over the same. It is also contended that he was claiming himself as a owner of the suit property.

(3.) IN the said suit, based on the pleadings, issues were framed and suit of the plaintiff was decreed and it was held that the defendant has no right to dispossess the plaintiff from the suit property without following due process of law and consequently permanent injunction was granted in favour of the plaintiff with reference to the suit property.