CHIKKA HALAPPA Vs. ERACHIKKANNA AND ORS.

JUDGEMENT

(1.) THE case of the plaintiff is that agricultural land bearing survey No. 40, of Shidlekona village, measuring 23 acres, 15 guntas, out of which 9 acres, 7 guntas originally belonged to Muthaiaha, the father of the first plaintiff, grand father of the second plaintiff, being his ancestral property. After his death, his sons, first plaintiff, Erappa and Kurichikkanna divided this land measuring 9 acres, 27 guntas in survey No. 40, equally and accordingly each of them received 3 acres, 9 guntas. They continued to be in exclusive possession and enjoyment of their respective share.

(2.) LATER on, the first son of Kurichikkanna died unmarried, his share allotted under the division devolved upon his brothers i.e., the first plaintiff Erachikkanna and Earappa. Accordingly, their share had increased to 4 acres, 33 1/2 guntas each. Plaintiff No. 1 continued to be in exclusive possession and enjoyment of the said extent of the land. Erachikkanna, the plaintiff No. 1 had sold 3 acres, 9 guntas of land under a registered sale deed to one Erappa son of Erappa. Thereafter, the land in question was phoded in six different survey numbers as follows:

(3.) THE dispute is regarding the entries in the year 1993 -94, afresh mutation has been accepted in favour of the plaintiff in M.R. No. 22/1993 -94. That land measuring 1 acre, 27 guntas out of the total extent of 4 acres, 37 guntas of survey No. 40/4 is in occupation, possession and enjoyment of the plaintiffs ever since 27.06.1963. The defendants are non -entity and are never in possession of the suit land. The defendants claimed to have purchased land measuring 3 acres, 9 guntas in survey No. 40/4 on 11.06.1964 from one Sanneerappa and made an attempt to dispossess the plaintiff. The mutation entries came to be challenged which was accepted in favour of the plaintiff in respect of the suit schedule property. Since the defendants denied the title and possession of the plaintiff, the instant suit was filed.