ARALAPPA AND ORS. Vs. J. RAJAPPA

JUDGEMENT

(1.) THE defendant in O.S. No. 91/2004, has preferred this second appeal, assailing judgment and decree dated 26/06/2013, passed in R.A. No. 22/2012, by the Addl. Senior Civil Judge, Srirangapatna, confirming the judgment and decree passed in O.S. No. 91/2004 by the Prl. Civil Judge (Jr. Dn.) and JMFC at Srirangpatna.

(2.) FOR the sake of convenience, parties shall be referred to, in terms of their status before the trial Court.

(3.) THE case of the plaintiff in a nut shell is that he is the absolute owner in possession of the suit schedule property, which was granted to him by Palahally Group Panchayat, pursuant to resolution dated 02/05/1962 and Grant Certificate dated 02/03/1968. At the time of grant, the suit schedule property measured 39' x 51', which has been shown in the rough sketch attached to the plaint as "ABCD". The plaintiff thereafter, constructed a residential house having Mangaluru tiled roof to an extent of 21 feet East to West and 51 feet North to South and he kept vacant space measuring East to West 10 feet and North to South 51 feet towards western side of his house, which has been shown in the rough sketch as "AECF", which is the disputed property. It is further averred that Palahally Group Panchayat in the year 1973, once again granted suit property towards Southern side of the property, which measured 30' x 51' and Grant Certificate was also issued to that effect.