HANUMAIAH Vs. DHARMAIAH AND ORS.

JUDGEMENT

(1.) THIS is plaintiffs second appeal challenging the concurrent judgment and decree of the courts below.

(2.) HEARD the learned counsel appearing for the appellant and the respondent and perused the judgments and decrees of both the courts.

(3.) IT is the case of the plaintiff that he is the absolute owner of the property bearing Assessment No. 1. 14B/12B (old number) and new No. 347 measuring East to West: 16 mtrs North to South: 18 mtrs., consisting of tiled roof house measuring East to West: 21 feet and North to South: 25 Feet situated at Vedalaveni Village in Gauribidanur Taluk, bounded on the East by : Sandi and house of Nanjaiah, West by : Kere Angala, North by : house of D. Nagappa and on the South by : Reddappa's vacant site, hereinafter referred to as suit schedule property. The defendants having no manner of right or title over the house situated in the suit schedule property, illegally occupied the same when the plaintiff was away from the village. The plaintiff on his return, demanded the defendants to vacate the house property, the defendants who sought time to vacate the house, did not vacate the suit house property since several years and hence the plaintiff left with no other alternative has filed the suit for the relief of declaration of his title in respect of the suit house and for recovery of possession of the same from the defendants.