KAMANNA @ KAMEGOWDA Vs. P NAGARAJU

JUDGEMENT

(1.) The case of the plaintiff is that the entire suit schedule property measuring 1 acres 15 guntas was purchased by him in terms of the registered sale deed dated 10.9.1946. Ever since then, the plaintiff is in possession and enjoyment of the same. Some portion of the area was sold to various persons which has been shown in green colour in the annexed map to the plaint; that the defendants have no manner of right, title or possession of any portion of the suit schedule property; that they are attempting to illegally interfere with the plaintiff's possession of the same. Hence, the instant suit was filed for declaration of title and for permanent injunction.

(2.) On service of summons, defendants entered appearance. Originally the suit was filed against defendant Nos.1 and 2. Thereafter, defendant Nos.3 and 4 were impleaded as subsequent purchasers. Defendant Nos.1 and 2 filed their written statement; they denied the plaint averments; defendant No.2 is in possession of the suit schedule land in terms of the gift deed dated 23.12.1991. Thereafter, mutation is also effected in pursuance thereof. The property was converted into non-agricultural land. The property described by the plaintiff is false and imaginary. Hence, they sought for dismissal of the suit. Defendant Nos.3 and 4 contended that they purchased a portion of the suit schedule property by virtue of registered sale deed from defendant No.2.

(3.) Based on the pleadings, the trial court framed the following issues and additional issues:-