D. VENKATESH Vs. JAYAPPA REDDY AND ORS.

JUDGEMENT

(1.) THE plaintiff has preferred this Regular First Appeal against the Judgment and Decree dated 21.3.2006 passed in OS 7550/01 dismissing the suit of the plaintiff for declaration, injunction and possession.

(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(3.) THE case of the plaintiff is, he is the owner of the schedule property. Earlier it was owned by his father. In a suit for partition and separate possession filed by the plaintiff's brother D. Muniraju in OS 3424/90 the suit properties fell to the share of the plaintiff by the Judgment and Decree dated 3.11.1993. Subsequently, plaintiff name came to be entered in respect of the suit schedule property in mutation Entry No. 2/94. The plaintiff has been in lawful possession and enjoyment of the suit schedule property. The Revenue Department has issued Patta and he has been paying land revenue.