FAKIRAPPA Vs. RAMAPPA AND ORS.

JUDGEMENT

(1.) This is an unsuccessful plaintiffs regular second appeal against the judgment and decree dated 25.02.2012 made in R.A. No. 304/2011 on the file of the Presiding Officer, Fast Track Court and Additional M.A.C.T., Saundatti, confirming the judgment and decree dated 22.09.2011 made in O.S. No. 35/2009 on the file of the Principal Senior Civil Judge, Saundatti, dismissing the suit for declaration and permanent injunction in respect of the suit properties.

(2.) The appellant - plaintiff filed the suit contending that Sy. No. 94 measuring 16 acres 14 guntas originally belongs to Ramappa of Bandarahalli Village, Saundatti Taluk and after his death, the said Sy. No. 94 was divided into five pot hissas namely 94/1, 94/2, 94/3, 94/4 and 94/5.

(3.) 94/1 measuring 1 acre 11 guntas, 94/5 measuring 4 acres 23 guntas allotted to the plaintiff and other hissas bearing No. 94/2 and 94/4 measuring 1 acre 23 guntas and 3 acres and 21 guntas respectively were allotted to the defendants. Another hissa bearing No. 94/3 allotted to another son by name Adiveppa. The plaintiff and his sons were cultivating suit schedule properties more than 40 to 45 years. Accordingly, the mutual partition in their revenue entries was made in pot hissas. After their mutual partition, the plaintiff and defendants and the land Survey Officers, Saundatti have made hissa according to form Nos. 4 and 11 and the said Survey Authorities prepared a map in Sy. No. 94. The suit property No. 94 were made totally five hissas. The plaintiff and defendants were cultivating the suit properties, according to the appellant mutual partition by metes and boundaries and according to PT sheet also.