DEVARAJA NAIKA AND ORS. Vs. CHIKKEGOWDA AND ORS.

JUDGEMENT

(1.) THE case of the plaintiffs is that the land in Survey No. 50 of Bommalapura Village, Bilikere Hobli, Hunsur Taluk was purchased by their mother Smt. Puttamma, by virtue of a registered sale deed dated 26.09.1962. She was in peaceful possession and enjoyment of the same till her death. After her death, the sons namely, plaintiffs succeeded to the property. Under a family partition, 1 acre 10 guntas of land fell to the share of the first plaintiff and 29 guntas of land fell to the share of the second plaintiff. Ever since then, they have been in peaceful possession and enjoyment of their respective share.

(2.) THE defendants having no manner of right, title or interest, attempted to interfere with the peaceful possession and enjoyment of the property. When, the plaintiffs restrained the defendants from doing so, the defendants filed suit in O.S. No. 47/2004 against the plaintiffs and their brother Papegowda in respect of land bearing Survey No. 107/28, measuring 35 guntas of Mallinathapura Village, Bilikere Hobli, Hunsur Taluk, by wrongly describing the said property by including the properties of the plaintiffs also. It is further contended that about three days prior to filing the suit, the defendants illegally trespassed into the suit schedule property and destroyed a portion of the ragi crop grown therein. Hence, he filed the suit seeking a declaration of title and for permanent injunction.

(3.) ON the basis of the pleadings, the trial court framed the following issues: