B C RAMESH Vs. LAKKANNA S/O MAGADAIAH

JUDGEMENT

(1.) Appellant is the plaintiff before the trial Court. Being aggrieved by the judgment and decree dated 30.06.2016 made in R.A.No.16/2015 passed by the Senior Civil Judge & JMFC, Kunigal, confirming the judgment and decree dated 20.03.2015 made in O.S.No.354/2013 passed by the Additional Civil Judge and JMFC, Kunigal, wherein, the suit filed by the plaintiff seeking declaration as the absolute owner in possession and enjoyment of the suit property was dismissed.

(2.) Parties shall be referred to in terms of their status before the trial Court.

(3.) The plaintiff filed the suit seeking for declaration that he is the absolute owner in possession and enjoyment of the suit schedule property and for consequential relief of permanent injunction restraining the defendant from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property. In the plaint, it was contended that he is the absolute owner of the suit schedule property, which was purchased from one K.M.Rangaswamy as per the registered sale deed dated 14.05.1997 for valuable consideration. The plaintiff is the absolute owner of the land in survey No.61/1 measuring 2.20 acres, survey No.67/7 measuring 0.08 guntas, survey No.67/11 measuring 0.08 guntas, survey No.67/22 measuring 0.11 guntas and survey No.73/8 measuring 0.18 guntas situated at Koppa village, Yediyur hobli, Kunigal taluk, Tumkur District. From the date of the purchase of the lands, he is paying the land revenue to the State Government. Subsequent to the purchase, the Assistant Director of Land Records, Tumkur conducted the survey durasth in respect of the aforesaid lands on 07.01.2004. At the time of survey durasth, he recorded the statement of the neighbouring owners and new survey number was given to the property purchased by the plaintiff. However, there is no change in the boundaries of the said lands as described in the registered sale deed dated 14.05.1997. The ADLR, Tumkur found that the plaintiff is in possession of the lands bearing survey No.67/1B measuring 0.35 guntas, survey No.67/33 measuring 0.20 guntas, survey No.67/21 measuring 0.10 guntas, survey No.67/22 measuring 0.11 guntas, survey No.67/23 measuring 0.22 guntas, survey No.67/24 measuring 0.14 guntas, survey No.67/25 measuring 0.13 guntas, survey No.67/34 measuring 0.10 guntas and in all measuring 3.15 acres. On the basis of the survey durasth, mutation entry has been made in favour of the plaintiff. When the matter stood thus, the defendant / one of the brothers of K.M.Rangaswamy filed O.S.No.96/1997 (which is renumbered as O.S.No.96/2001) on the file of the Senior Civil Judge, Kunigal, seeking for partition and separate possession of the joint family properties belong to them. In the said suit, plaintiff has been made as 4th defendant since K.M.Rangaswamy sold some of the properties in favour of the plaintiff. The said suit was ended in compromise on the basis of the compromise petition filed by the plaintiff and the defendant. The properties purchased by the plaintiffs were allotted to the share of K.M.Rangaswamy.