GIRIDHAR AND ORS. Vs. SHARNAPPA

JUDGEMENT

(1.) Heard the learned counsel for the appellants. Perused the records of O.S.No.73/1998 and O.S.No.160/1996, which are the basis for the appeals filed in RSA Nos.634/2007 and 800/2006 respectively.

(2.) Appellant/Giridhar was the plaintiff in an original suit bearing O.S.No.160/1996 a suit filed for the relief of permanent injunction relating to an open space measuring 40 x 15 feet bearing Panchayat No.7/58 of Sonth Village in Gulbarga Taluk, bounded by East Government Road, West land of Sharanappa, North an open space of Narayanrao and South an open space of Shivasharana. The said property, according to the plaintiff Giridhar, belonged to the Gram Panchayat and it was allotted to him on 15.01.1990 through a Hakku Patra, marked as Ex.P1. Since then he is stated to be in lawful possession and enjoyment of the open space.

(3.) According to him, khata has been changed into his name by the panchayat authorities and they have entered his name as Khatedar and he is stated to have paid tax to the panchayat. In spite of the same, second defendant/Sharnappa attempted to interfere with his peaceful possession and enjoyment of the suit property by denying his title and possession. Therefore, he was constrained to file a suit for permanent injunction.