A.S. SHIVASWAMY Vs. SIDDAMMA

JUDGEMENT

(1.) AGGRIEVED by the judgment and decree of the trial Court dismissing the suit of the plaintiff and the first Appellate Court affirming the said dismissal, the Plaintiff has filed by the present appeal.

(2.) THE case of the plaintiff is that the land bearing Sy. No. 85/1 totally measuring 20 guntas originally belongs to the father of the Plaintiff. The State Government acquired 12 guntas of land for the purpose of formation and distribution of sites. Hence, what remained was only 8 guntas of land and the Plaintiffs father was in possession of the same till his death. The Plaintiff being his legal representative succeeded to the said property. The Defendants are the allottees of one site in the acquired land which is situated towards the southern side of the suit schedule property and they have no manner of right, title and interest over the suit schedule property. However, they continued to interfere with the possession of the 8 guntas. Hence, the Plaintiff filed the instant suit seeking for a declaration that he is the absolute owner of the suit schedule property and for permanent injunction to restrain the defendants from interfering in the peaceful possession of the property.

(3.) THE trial Court framed the following issues for consideration: