ERANNA Vs. CHANNAPPA; SAKAMMA W/O LATE SIRIYAPPA; ERANNA; KODANDARAMU; CHANNIGARAMAIAH; JAYANNA; HUCHAVEERAPPA

JUDGEMENT

(1.) Aggrieved by the concurrent findings recorded by the both the Courts in decreeing the plaintiffs suit for declaration and permanent injunction, the appellantdefendant No.2 has preferred this appeal.

(2.) The case of the plaintiff is that he and his brother purchased the suit schedule property under a registered sale deed dated 21.07.1958 from one Agali Sanneerajja S/o Nagappa, father of the defendants. The plaintiff is in possession and enjoyment of the suit schedule property from the date of purchase. The suit schedule property is a land bearing No.269 measuring East-West 25 yards and North-South 9 yards as described in the schedule to the plaint. Later, his brother sold his share in the suit schedule property under a registered sale deed dated 18.12.1974 and thus, the plaintiff became the owner in exclusive possession and enjoyment of the suit schedule property. He had stored cattle fodder, fire wood and also grown tamarind trees and he fenced all sides. The defendants having no manner of right or possession over the same colluded with the revenue authorities, got entered their name falsely and denied the title of the plaintiff. Hence, the instant suit was filed for a declaration of title and also for permanent injunction.

(3.) Sri. G.B.Nandish Gowda, learned counsel appearing on behalf of Sri R.B.Sadasivappa, contends that both the Courts have committed error in decreeing the suit of the plaintiffs. The trial Court failed to appreciate the material evidence on record. That the documents produced by the defendants indicate that the pahani and khata extract, the tax paid receipts all stand in the name of the defendants.