KRISHNAGOUDA Vs. BASAPPA

JUDGEMENT

(1.) This is an unsuccessful defendant's second appeal against the judgment and decree dated 28.11.2011 made in RA No.25/2007 on the file of the Senior Civil Judge, Mudhol, confirming that the judgment and decree dated 15.03.2007 made in O.S. 215/2006 on the file of the Principal Civil Judge (Jr.Dn.) Mudhol, decreeing the suit of the respondent/plaintiff, directing the defendant to handover the possession of the suit land measuring 3 guntas to the plaintiff as shown in the plaint hand-sketch map by red ink, within three months from the date of the judgment and the relief of declaration of ownership as well as the relief of permanent injunction as sought by the defendant are dismissed.

(2.) The respondent / plaintiff filed the suit in OS No.215/2006 contending that he is the owner of the suit schedule property bearing RS No.98/1 measuring 9 acres 37 guntas situated at Budni BK Village. The defendant claiming to be the owner of land bearing RS No.97/2 measuring 9 acres 6 guntas of the same village and both the lands of plaintiff and defendant are adjoining. The land of the defendant is situated on the eastern side of the land of plaintiff. The plaintiff has submitted hand-sketch map along with the plaint, depicting the true state of things and the defendant is not in good terms with the plaintiff and he deliberately started to encroach upon the land of the plaintiff. The plaintiff, being suspected by the activities of defendant, filed an application before the survey authorities for fixation of boundaries. Accordingly, the surveyor has surveyed the lands of the plaintiff, defendant and other neighboring land owners on 22.05.2000, in the presence of all the concerned parties and fixed the boundaries in the presence of all the parties concerned on 01.08.2000. Accordingly, he has prepared a BND Map bearing No.HUB/MDL/314/98, in which it is clearly shown that the defendant has encroached the land of plaintiff to the extent of 3 guntas which is shown by red ink in the map. It is also contended that in the month of August 2000, the plaintiff requested the defendant to hand-over the possession of suit land i.e., 3 guntas of land as shown in the plaint sketch by red ink, for which the defendant requested and asked for some time and subsequently, he went on prolonging for handing over the possession of suit property till now and also contended that the defendant is adamant in nature and is not ready to heed to the request of plaintiff and elderly persons. Therefore, the plaintiff was constrained to file the suit for the relief sought for.

(3.) The defendant filed written statement, denied all the plaint averments and admitted that the plaintiff is the owner of the land bearing Sy.No.98/1 measuring 9 acres 37 guants of same village. It is also admitted by the defendant that the lands of the plaintiff and defendant are adjoining and that the land of defendant is situated on the eastern side of the land of plaintiff. Further, he denied that the plaintiff filed an application before the Survey authorities for fixation of boundaries and also denied that the Surveyor has surveyed the lands of the plaintiff and defendant and other neighbouring land owners on 22.05.2000 in the presence of all the concerned parties and fixed the boundaries in the presence of all the parties concerned on 01.08.2000. Further, it is denied that, accordingly P.T. sheet was prepared under No.HUB/MDL/314/98.