VOKKALIGARA SANNAPPA Vs. VOKKALIGARA ANNAIAH

JUDGEMENT

(1.) this is a plaintiffs second appeal from the judgment and decree dated 18-12-1984, passed by civil judge, madikeri, in regulr appeal No. 39 of 1980, whereby, the learned lower appellate court has reversed the judgment and decree dated 5-7-1980, passed by munsiff, virajpet, decreeing the plaintiffs claim in the original suit No. 148 of 1979 and after setting aside the trial court's decree allowed the defendant's appeal by dismissing the claim made by the plaintiff in the suit.

(2.) the plaintiff-appellant's case in brief is that the plaintiff-appellant in the present case, filed the suit for declaration and permanent injunction restraining the defendants-respondents and their agents as well as the servants from interfering with the plaintiffs right and possession and enjoyment of suit property.

(3.) plaintiffs case has been that he is in exclusive peaceful possession and enjoyment of the property in dispute more specifically described in the plaint schedule, as per exchange deed dated 25-11-1974, between the plaintiff on the one hand and Smt. P. G. Ponnawa and two others on the other hand, according to the plaintiffs case, plaintiff became the absolute owner of the suit property mentioned in the plaint schedule. According to plaintiff-appellant, defendant on 20-5-1979, unlawfully attempted to trespass into the north-eastern side of the plaint schedule land after having removed the fence and destroyed a few coffee plants and attempted to take forcible possession of the same. As such, according to the plaintiff, the need for filing the suit for declaration of title to the effect that the plaintiff is the owner of the property in suit and for permanent injunction restraining the defendant from interfering with plaintiff s possession and enjoyment.