SIDDARAMAPPA Vs. BASAVANNEPPA

JUDGEMENT

(1.) This appeal is filed by the plaintiff, being aggrieved by the judgment and decree dtd. 9/6/2010 passed in O.S. No.29 of 2007 on the file of the Prl. Senior Civil Judge and C.J.M., Gadag (for short "the trial Court"), by which the said suit of the plaintiff seeking declaration and injunction was dismissed, which is confirmed by the judgment and order dtd. 30/1/2012 passed in R.A. No.64 of 2010 by the Fast Track Court, Gadag (for short "the First Appellate Court").

(2.) The above suit has been filed by the plaintiff seeking relief of declaration of his title and a consequential relief of permanent injunction in respect of the land bearing R.S. No.691/2A, measuring 4 acres 36 guntas (suit land) contending inter alia that he purchased the suit land in terms of a registered deed of sale dtd. 16/6/1971 from one Rambhatt, out of his own income earned from agricultural coolie and Ox trading business. Thus, he claims that the suit land is his self acquired property and that he has been paying the land revenue regularly. That he is unmarried and has no issues. That the defendants are his brothers. That there are other landed and movable properties belonging to the family and that a partition of these family properties had taken place about 12 years ago. That in the said partition, the plaintiff, defendants and their other brothers received their respective shares. The suit property, being the self acquired property of the plaintiff, was not included in the partition.

(3.) Therefore, the defendants have no share, right, title, or interest in the suit property. Despite this, they have attempted to interfere with the plaintiff's peaceful possession and enjoyment of the suit property, which has led to the filing of the suit.