VEERABHADRAPPA AND ORS. Vs. T.U. KUBENDRAPPA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree in R.A.No.19/2011 (Old No.125/2005) dated 15.9.2014 on the file of the Senior Civil Judge & JMFC, Channagiri, whereby the judgment and decree in O.S.No.260/2001 dated 7.10.2004 on the file of the Addl. Civil Judge (Jr.Dn.) & JMFC, Channagiri was set aside and the suit was decreed.

(2.) Respondent herein is the plaintiff in O.S.No.260/2001 and the appellants are the defendants. The plaintiff filed the above suit for injunction restraining the defendants from interfering with his possession and enjoyment of the suit schedule property. According to the plaintiff, he has purchased the suit schedule property from one R. S. Basavarajappa, son of Sanna Veerappa and R.B.Shivaprasad, son of Basavarajappa under a registered sale deed dated 19.2.1998. He was put in possession of the property by the vendors on the date of sale. In pursuance of the sale deed, mutation was accepted in the name of the plaintiff and accordingly RTCs have been transferred in his name. The defendants have no manner of right, title or interest over the said property. They tried to interfere with his possession from 12.7.2001. In order to protect his possession, he has filed the suit.

(3.) The defendants have filed their written statement contending that Sy.No.14 of Mavinahole Village is a vast extent and different portions of the said property have been granted in favour of different persons by the State Government. The said land has not been measured and pakka phoded as per the grant so far. Hence, it is not possible to identify the land, particularly, the suit schedule property. The defendants have purchased the land in Sy.No.14 measuring 12 acres in the year 1974. The plaintiff claimed the land from the defendants within the property purchased by the defendants. The vendor of the plaintiff was also not in possession of the said land.