VAIJINATH Vs. GOPAL AND ORS.

JUDGEMENT

(1.) THE plaintiff is the appellant. He had filed the suit to pass a decree of declaration and declare him as the absolute owner and possessor of the suit land - agricultural property and also pass a decree of mandatory injunction against the defendants, directing them to remove/demolish the construction of platform and the erected Holy Cross of Jesus, on the Northern bandara of the land bearing Sy. No. 5/p1, situated at Sipalgera Village (Meeragunj), Bidar. He contended that he is the owner in possession of suit land, the same being his ancestral property and fell to his share in a oral partition and that towards Northern side, over bandara of the suit land, there is a cart way in existence, since time immemorial, to ingress and egress to the suit land and that the said cart way passes through the Government barren land and exists on the North of his property - suit land, and that the defendants with an intention to block the cart way, constructed a platform for erection of Holy Cross of Jesus in the Government land and thereby closed the right of easement, in the year 2008.

(2.) THE defendant Nos. 1 to 3 admitted the ownership of the plaintiff over the suit land, but denied the existence of cart way and easementary right of the plaintiff over the Government land, as averred in the plaint. They contended that the defendant No. 4, after conducting an enquiry, allotted certain area in their favour for the purpose of construction of the platform and erection of Holy Cross of Jesus and issued construction permission. It was further contended that abutting to the East of the suit land, there is Bidar - Gadgi road and that the plaintiff and his ancestors are using the said road to reach their land and thus, it is not necessary as there is another way, to reach the suit land. It was stated that no construction of whatsoever nature was made on the land belonging to the plaintiff and that the plaintiff is not entitled to any relief in respect of the non -suit land, wherein, the Church constructed the platform and erected the Holy Cross of Jesus.

(3.) THE Trial Judge, having regard to the pleadings of the parties, framed the following issues: