PREMANAND R. BALIGA Vs. NARASHIM ISHWAR

JUDGEMENT

(1.) This appeal is preferred by the defendant challenging the judgment and decree dtd. 17/1/2007 in R.A.No.28/1992 on the file of the Civil Judge (Sr.Dn), Sirsi,hereinafter referred to as 'First Appellate Court' dismissing the appeal and confirming the judgment and decree dtd. 25/1/1992 in O.S.No.107/1990 on the file of the Principal Munsiff, Sirsi, hereinafter referred to as 'Trial Court' decreeing suit of the plaintiff in part.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

(3.) It is the case of the plaintiffs that the plaintiffs are in enjoyment of the suit schedule property i.e., Betta bearing Sy.No.143/B4 of Sampakhand village, Sirsi Taluk, measuring 15 acres 38 guntas. The plaintiff has produced the sketch along with the plaint, identified the same as 'ABCD'. It is further stated in the plaint that the plaint schedule property was given for beneficial enjoyment of their garden lands and grant was made by the Government, and therefore, the grant of the land is the ancestral property of the plaintiffs. It is further averred in the plaint that the defendant has put up a shed in the schedule property and was residing in the house of one Juje Vaz and conducting a petty business. It is further stated that the defendant has interfered with the peaceful possession of the suit schedule property of the plaintiffs and tried to put up a shed on a road leading towards Kugtemane, Hirekai, Bommankone villages and therefore, the plaintiffs have filed suit in O.S.No.107/2019 seeking relief of declaration, and permanent injunction as well as mandatory injunction against the defendant. The plaint was amended subsequently and the plaintiffs have claimed the declaration in respect of entire Betta in Sy.No.143/B4.