MAKTUMSAB Vs. RUDRAPPA AMRUTAPPA NAVALGUND AND ORS.

JUDGEMENT

(1.) THE plaintiff in O.S. No. 32/2003 on the file of Civil Judge (Jr. Dn.), Navalgund, has come up in this second appeal impugning the finding of the lower appellate Court in dismissing his suit for declaration and consequently granting the relief of possession to the defendant by allowing his counter claim which was not considered by the trial Court.

(2.) THE brief facts leading to this second appeal are that the appellant Maktumsab is plaintiff in O.S. No. 32/2003 which was filed for the relief of declaration and permanent injunction against one Rudrappa Amrutappa Navalgund on the basis that the suit schedule property is his absolute property which he has acquired under a gift deed from his maternal uncle as if he was his adopted son. According to plaintiff, the suit schedule property i.e., property bearing CTS No. 678/B measuring 68 sq. yards is situated in Annigeri village of Navalgund taluk and the same was belonging to his maternal uncle Noorsab Kondannavar.

(3.) IT is also his case that his maternal aunt and uncle did not have any issues and they were taking care of him as their own son and they intended to take him in adoption and accordingly in expression of their love and affection towards him, Noorsab gifted the suit schedule property in his favour under a unregistered gift deed dated 3.2.1975 and that he was put in possession of the property on the very same day. Since then he has been in possession and enjoyment of the suit property. It is also his case that the original defendant Rudrappa Amrutappa Navalgund started disturbing his possession and enjoyment of the suit schedule property claiming that he has purchased the suit schedule property under a registered sale deed dated 27.4.1982 from a person who is said to have acquired the suit schedule property from Noorsab Kondannavar under registered sale deed dated 10.3.1975.