MARIYAMMA Vs. RAJAPPA

JUDGEMENT

(1.) THE case made out is that the plaintiff is the owner of the plaint schedule property. The 2nd plaintiff is her son. The property in question is the site bearing No. 66/A measuring 40' x 15' carved out of Survey No. 24 of Anekonda village of Davangere Taluk in terms of the schedule of the plaint. That originally the land was acquired for Ashraya sites by the State of Karnataka. The first plaintiff is the beneficiary of site bearing No. 66/A namely, the suit schedule site. The Block Development Officer, Davangere has issued the Hakku Patra dated 13 -5 -1987 for the site bearing No. 66/A allotted to the plaintiff. The other portion was allotted to one Duggamma. That on receipt of the Hakkupatra the 1st respondent constructed a hut and was residing there since 2003. Due to poverty she was forced to leave her house and go in search of an occupation. It is then that the defendant encroached the land by dismantling the hut constructed by the plaintiff. When the same came to the knowledge of the plaintiffs in October 2004, they approached the defendants and requested them to vacate the site. The same was denied. The plaintiffs contend that the defendants have no manner of right, title or interest over the suit schedule property and hence the defendants cannot encroach the property belonging to the plaintiffs. Hence they filed the instant suit seeking for a declaration that the 1st plaintiff is the owner in possession of the suit schedule property and for a mandatory injunction against the defendants to vacate and handover the vacant suit schedule property to them. The trial court framed the following Issues and Additional Issues.

(2.) By the order dated 19 -6 -2012 the following substantial question law was framed: -

(3.) Heard learned counsels and examined the records.