M.APPAJI Vs. H.C.SHIVANANJEGOWDA

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel for the appellant and the learned counsel for respondent No.2.

(2.) This appeal is filed against the concurrent finding of the Trial Court and the First Appellate Court.

(3.) The factual matrix of the case of the plaintiff while seeking the relief of declaration and injunction in respect of 'C' schedule property is that the plaintiff is the absolute owner in peaceful possession and enjoyment of 'A' schedule property bearing municipal assessment No.630/675 measuring 60 + 57 x 35, wherein there is a RCC dwelling house and boundary is also given. The dispute is in respect of the southern side of the plaint schedule property shown as 'C' schedule property. It is the contention of the plaintiff that the property was purchased in the year 1994. The defendant No.1 is the owner in possession of 'B' schedule property and he had purchased the same from one S.K. Sujayakantha under the registered sale deed dtd. 20/5/1992 and constructed ground floor by obtaining license from TMC, Maddur and now he is residing therein. That the vendors of the plaintiff and defendant No.1 are siblings and they formed sites and sold the same to various persons. That while forming the layouts, the said S.K. Chandrasekhar and Sujayakantha have left 6 x 200 feet passage for ingress and egress of public to the layouts formed by them, but however the said passage was unequal. Accordingly, towards south of 'A' schedule property and towards north of 'B' schedule property, there is a 6 feet at north-south and east-west 50 feet, which is described as 'C' schedule property. Since the 'A' and 'B' schedule properties are formed in different layouts, they are not in single alignment and there is a 12 feet difference in alignment of sites on the eastern side. As such, without the 'C' schedule property, the roads running on the eastern side of suit 'A' and 'B' schedule properties do not connect with each other and thus the 'C' schedule property further runs and continues towards the east and it further connects to eastern side roads as well as vacant space lying in between 'A' and 'B' schedule properties.