SEENE GOWDA, Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE case of the plaintiffs is that one Sri.Venkategowda was the grandfather of the plaintiffs. He was cultivating the suit schedule property by performing the pooja Bhanathamma Devaru. After his death the father of the plaintiffs Mayigowda was cultivating the same. After his death, the plaintiffs are in possession and enjoyment of the suit schedule property by performing the pooja of deity Bhanathamma Devaru till the date of filing of the suit. One Ramegowda of Thodal village has filed an application on 30.3.1999 before the Assistant Commissioner, claiming occupancy right. The application was rejected by defendant No.3 - the Assistant Commissioner. Thereafter, the plaintiffs approached the Deputy Commissioner in Revision Petition No.52/2000 -01, which was rejected. Thereafter they filed Writ Petition No.407/2001 before the Hon'ble High Court of Karnataka and the same was also rejected.

(2.) BY issuing a notice under Section 80 of CPC, the present suit was filed seeking for a decree to declare him as the owner of the suit schedule property based on the principles of adverse possession and for permanent injunction to restrain the defendants to interfere with the suit possession and enjoyment of the suit schedule property.

(3.) ON service of summons, defendants entered appearance and denied the suit averments. Defendants 5 to 6 were subsequently impleaded who have also denied the allegations.