SHIVAKKA Vs. HALAPPA AND ORS.

JUDGEMENT

(1.) Defendant No. 1 in O.S. No. 21/2000 has preferred this second appeal, assailing judgment and decree passed in R.A. No. 163/2009 dated 21.12.2013 by II Additional Senior Civil Judge, Hubli, by which, judgment and decree of Civil Judge (Jr. Dn.), Kundagol, in O.S. No. 21/2000 dated 09.11.2009 has been confirmed.

(2.) For the sake of convenience, parties shall be referred to, in terms of their status before the trial Court.

(3.) Respondent No. 1 plaintiff filed the suit seeking the relief of declaration, possession and permanent injunction against defendants in respect of suit schedule property consisting of house bearing No. CTS. No. 595, Old Municipal No. 1025 and new No. TMC 1031 and presently bearing No. 1522 of Pattan Panchayat and the backyard bearing No. 597, which are more fully described in the schedule and hand -sketch. According to the plaintiff the suit property originally belonged to late Kenchanagouda Ranganagouda Nadiger of Kundagol. Plaintiffs ancestors rendered services to their landlord K.R. Nadiger, who, in recognition of their services and out of love and affection executed a deed of gift in favour of Venkappa Hanumappa Bhovi. The said Gift Deed was registered on 27.06.1958. Possession was also delivered by K. R Nadiger to the donee who is none other than the father of plaintiff in fact plaintiffs parents and his grandmother were in possession and enjoyment of the suit property during their lifetime. Plaintiffs father's name was entered in the municipal records as he was in exclusive possession of suit property. Plaintiff was born in the year 1960. Plaintiffs father died in the year 1968. His mother died in 1975. Plaintiff was looked after by his maternal grand parents for some time and thereafter, name of plaintiff was entered in the municipal records as owner in possession.