T. VIKRAMARJUNA HEGDE Vs. SAROJINI HEDGE AND ORS.

JUDGEMENT

(1.) AGGRIEVED by the concurrent findings of the Courts below in dismissing the plaintiff's suit for title based on adverse possession, the plaintiff has filed the present appeal.

(2.) THE case of the plaintiff is that 'A' schedule properties are in the actual possession and enjoyment of the plaintiff since more than 20 years earlier to the date of filing of the suit. The said properties had been allotted as 'B' schedule properties in favour of late Karunakara Hegde, the husband of first defendant and father of defendants 2 to 5 by registered deed dated 01.06.1972. Late Karunakara Hegde was the absolute title holder of these suit properties. He was working in Gujarat State. He had executed a General Power of Attorney before the Sub Registrar, Karkala in favour of late Ravindra Hegde who is the father of plaintiff. He had put Ravindra Hegde into actual possession and enjoyment of suit properties. It is said in the General Power of Attorney that since he could not look after the management of suit properties, he has authorized his agent to even execute the sale deed in case of necessity. Thereafter, no effort was made to get back actual possession and enjoyment of the suit properties during his life time.

(3.) THE suit summons were served and the defendants entered appearance and denied the plaint averments. Based on the pleadings, the Trial Court framed the following issues: