K.S. BALASUNDAR Vs. RAMAPPA

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 14.08.2007 passed by the I Addl. Civil Judge (Sr. Dn) & CJM, Shivamogga dismissing the Regular Appeal No. 14/2002 filed by the appellant confirming the judgment & decree passed by the Trial Court in OS No. 662/1990.

(2.) Appellant herein is the plaintiff before the Trial Court. He filed the suit seeking relief of declaration that, he is the owner of the suit schedule property and the occupancy certificate issued by the Tahasildar registering the defendant as tenant was not binding on him as the same was illegal. Plaintiff also sought for a direction to the defendant to hand over possession of the suit schedule property and for permanent injunction restraining the defendant from interfering with his enjoyment of the property.

(3.) Subject matter of the suit schedule property is 1 acre 6 guntas of land situated at Horabylu Village, Kumsi Hobli, Shivamogga Taluk. According to the plaintiff total extent of land in Sy. No. 11 is 7 acres 18 guntas. This land was purchased in public auction by one Sri. Ramachandrappa, grand father of the plaintiff. Ramachandrappa had three children by name Sri. Gundappa, Sri. Krishnamurthy and Sri. Subbarao. During the life time of Ramachandrappa family settlement took place on 31.05.1952 where under 1 acre 20 guntas fell to the share of Sri. Gundappa, 2 acre 02 guntas to the share of Sri. Krishnamurthy whereas Sri. Subbarao, father of the appellant was given 2 acre 30 guntas.