SRI RAJASINGH Vs. MR NARAYANASWAMY

JUDGEMENT

(1.) The case of the plaintiff is that he is the absolute owner and in possession of the suit schedule property viz., the house site bearing No. 13, morefully, described in schedule to the plaint. It was granted to him by the Government through the Block Development Officer, Kolar by virtue of a Hakku Patra in the year 1982. Thereafter, the khata was changed onto his name by the Grama Panchayath and taxes have been paid by him. He has constructed a thatched hut and residing in it. Thereafter, the Hut collapsed. The defendant being a powerful person attempted to grab the property of the plaintiff. Hence, the instant suit was filed seeking for a declaration of title and for permanent injunction.

(2.) On service of summons, the defendant entered appearance and filed his written statement denying the plaint averments. He disputed the title of the plaintiff as well the error in description of the properties.

(3.) It is his case that he is the owner in possession of the vacant site bearing Assessment No. 151 measuring 30x15 feet. The said property was originally granted to Kempanna, the father of the defendant and after his death, the khata of the said property has been changed in the name of the defendant. The Panchayath endorsements also evidence the same that there is no site bearing No. 13 and old khata No. 79 and new Khata No. 22. Hence, he sought for dismissal of the suit.