DHARMEGOWDA Vs. SAVITHA

JUDGEMENT

(1.) The case of the plaintiff is that he is the absolute owner in peaceful possession and enjoyment of the suit schedule property. He received the same by virtue of a panchayath parikath dated 3 -9 -1982 effected between the K. Nanjappa and his brother Shivashankar. The plaintiff is the son of Nanjappa. All the revenue records stand in his name. The plaintiff has been raising ragi, huruli etc., in the suit schedule property. The defendant is a stranger to the suit schedule property. She has no manner of right, tide or interest over the suit schedule property. Inspite of that the defendant by creating certain documents has been making hectic efforts to interfere with the plaintiffs possession. Hence, the instant suit was filed seeking for a decree of permanent injunction to restrain the defendant from interfering with the plaintiffs possession.

(2.) On service of summons, the defendant entered appearance and denied the said averments. She contended that the plaintiff is not the owner or in possession of the suit schedule property. That the Panchayath Parikath is not the valid document. It is not a registered document. No right flows from the said document. That the suit schedule property originally was the property of one Mohammed Peer Sab Nagaraj and his sons. They sold the property to plaintiffs father Nanjappa under registered sale deed dated 4 -12 -1980. Nanjappa in turn sold the property to defendant under the registered sale deed dated 27 -10 -1986. The defendant sought for change of khata in his name. The Tahsildar, Tumakuru, forfeited the said land on the ground that the defendant has violated Sec. 79 of the Karnataka Land Reforms Act. Therefore, the defendant filed an appeal before the Assistant Commissioner, who held that the defendant has not violated any of the provisions of Sec. 79 of the Karnataka Land Reforms Act and directed the Tahasildar, Tumakuruu to effect his name. Hence, he prays for dismissal of the suit.

(3.) Based on the above pleadings the trial Court framed the following issues: - -