SWAMYGOWDA SANNEGOWDA Vs. NARANAIAH AND OTHERS

JUDGEMENT

(1.) This is the second defendant's appeal challenging the judgment and decree dated 13.03.2006 in R.A. No. 52/2001 passed by the Addl. District Judge, Hassan. By the said judgment, learned Addl. District Judge, Hassan confirmed the judgment and decree dated 28.08.2001 passed by the Civil Judge (Sr.Dvn.), Holenarasipura in O.S. No. 61/99 decreeing the suit of the plaintiff against the defendants for permanent injunction.

(2.) The appellant is the 2nd defendant in O.S. No. 61/99. The 1st respondent is the plaintiff and respondents 2 and 3 are defendant Nos. 1 and 3 respectively in the suit. For the purpose of convenience, the parties will be referred to hereafter with their ranks before the trial Court.

(3.) The subject-matter of the suit is the agricultural lands bearing Sy. No. 43/1 measuring 2 acres and Sy. No. 49/P measuring 1, acre 32 guntas of Basavanahally Kaval, Kasaba Hobli. Arkalgud Taluk with the boundaries as set-out in the plaint schedule. In the suit the plaintiff contended that the Government acquired his lands for the purpose of Hemavathi Reservoir Project, Gorur and in lieu of those lands granted him the suit lands vide grant certificate Nos. LND 1 CR 100/95/80-81 and 1/81-82 dated 07-05-1981. He contended that thereafter the katha is changed in his name and he is paying the land revenue. He contended that since the time of the grant, he is in possession and enjoyment of the suit property as absolute owner, Plaintiff further contended that since a week prior to the suit, the defendants without any manner of right and interest in the property are trying to oust him from the property.