K.P. SHIVANANDAPPA AND ORS. Vs. NEELADEVI

JUDGEMENT

(1.) AGGRIEVED by the concurrent findings recorded by both the courts below in dismissing the plaintiffs suit for declaration and injunction, the plaintiffs have filed this appeal.

(2.) THE case of the plaintiffs is that they are the owners in possession of the suit schedule property bearing survey No. 86, measuring 7 guntas and survey No. 88, measuring 20 guntas situated at Jade Village, of Jade Hobli, Soraba Taluk. As the lands were not adjacent to the lands owned by J.V. Chandrashekarappa, he sold the same i.e. favour of the plaintiff for a valid consideration. In addition, the plaintiff also given some other properties to J.V. Chandrashekarappa, which were adjacent to his properties. Ever since then, the plaintiff has been in possession of the same. The katha was changed in the name of the defendant on death of her husband J.V. Chandrashekarappa. While getting the katha transferred, the katha of the property which was sold in favour of the plaintiffs was also mutated in favour of the defendant. Hence, the plaintiff moved the Assistant Commissioner for rectification of the mistake.

(3.) TAKING advantage of the same, defendant tried to obstruct the peaceful possession and enjoyment of the plaintiff and tried to sell the standing trees in the schedule property. Hence, the instant suit was filed seeking for a declaration that the plaintiff is the owner of the suit schedule property and for a direction to the revenue authorities to mutate the name of the plaintiff and for permanent injunction and consequential reliefs.