K. PRAKASH Vs. GANGAPPA CHANDALLI AND ORS.

JUDGEMENT

(1.) THE case of the plaintiff is that he is the absolute owner of the suit schedule property bearing Sy. No. 88 measuring 30 guntas as described in the schedule. It is his case that he is cultivating the suit schedule property since long time under Bagar Hukum. On considering the same, the Government have regularized his unauthorized cultivation on 23 -8 -1994. The saguvali chit has been issued in his favour. Eversince the date of grant, the plaintiff has become the absolute owner of the suit schedule property. Prior to the grant, the lands have been measured and he was put in possession. A sketch was also prepared. A separate block number was allotted. The block Number allotted to the plaintiff 's property is block No. 5 measuring 30 guntas. None of the defendants have any right, title and interest over the suit schedule property. They having the back up of some political leaders, are attempting to interfere with the plaintiff 's possession of the suit schedule property. The daughter of the 1st defendant was Chairman of Panchayat. The defendant 's two sons are working in the Telephone Department. Therefore the defendants are financially and politically sound. By taking undue advantage of the plaintiff 's position, the defendants have entered into the suit schedule property on 24 -8 -1987 and constructed a hut in the area measuring 20 x 20 ft. The same was done within two to three hours. A complaint was also lodged before the police station, but nothing came of it. Hence, the instant suit was filed seeking for a declaration that the plaintiff is the absolute owner of the suit schedule property and for vacant possession of the same. On service of summons the defendants entered appearance and denied the plaint averments. Their contention is that the plaintiff was never the owner in possession of the suit schedule property. They denied that the Surveyor has identified the property. They denied that the plaintiff has paid taxes. It is their case that the defendants are in possession of the land to an extent of 60 x 200 ft. In the said Survey Number, he has been residing for more than 20 years. They have constructed a house. Thereafter they have grown coconut trees and other vegetation in the said land. The land has not been granted to the plaintiff by the Government. Only with an intention to evict the defendants the instant suit has been filed. The plaintiff has been on this property for a long time. He has acquired the right to the property by using the property for a long time.

(2.) BASED on the pleadings the trial Court framed the following Issues: -

(3.) By the order dated 5 -12 -2012 the appeal was admitted to consider the following substantial question of law: -