NAGAMMA AND ORS. Vs. BASAPPA

JUDGEMENT

(1.) The case of the plaintiff is that the suit schedule property bearing Sy. No. 30/329A1 measuring 3 acres and 4 guntas was granted by the order dated 16.11.1977 through a darkasth. The said property has been phodied and given Sy. No. 30/329A1. After the grant, the plaintiff became the absolute owner and he is in possession and enjoyment of the same. He is paying the taxes. Except him, none else have a right or title over the property.

(2.) About two months prior to the filing the suit, the defendant tried to trespass into the suit schedule property and tried to interfere with the possession of the plaintiff by destroying the crops. In this regard a panchayath was convened but the defendant did not accept the same. A police complaint was lodged but nothing came out of it. Hence the instant suit was filed seeking for a permanent injunction restraining the defendants from interfering with the plaintiffs possession. On service of notice, the defendants entered appearance and filed their written statement. They denied the plaint averments. No objection has been filed for the IA for temporary injunction. They contended that there is no cause of action to file the suit. The suit is hit by principle of res judicata. That the plaintiff had filed a suit in O.S. No. 123/2004 earlier which was dismissed by the trial court. Hence the second suit on the same cause of action did not lie. That the land bearing sy. No. 30/329A1 was granted to one Basappa. After his death, the katha was changed to the name of the daughters of the said Basappa i.e., Yashodha and Nagamani. The katha was also changed to the aforesaid legal heirs by the will executed by Basappa. There is no land bearing Sy. No. 30/329A1. All these facts have been narrated by the plaintiff in O.S. No. 123/2004 itself. Based on the pleadings, the trial court framed the following issues:

(3.) What order or decree -