LAWS(KAR)-2017-11-142

DASAPPA Vs. CHIKKAMUNIYAMMA W/O GURAPPA

Decided On November 09, 2017
DASAPPA Appellant
V/S
Chikkamuniyamma W/O Gurappa Respondents

JUDGEMENT

(1.) This appeal is by the 1st defendant in O.S.No.329/1994 on the file of the Civil Judge (Jr.Dn.) & JMFC, Devanahalli. The suit was filed by the 1st respondent Chikkamuniyamma and 2nd respondent Muniyappa. Since the 1st respondent Chikkamuniyamma is dead her legal representatives have been impleaded. By referring to the parties with respect to their position in the Trial Court, the pleadings in a nutshell are as below:

(2.) The 1st defendant in his written statement contended that the suit property was the Government land and in the records it was classified as Gomala. The suit land had not been granted to the plaintiffs or their predecessors in title and therefore the 1st plaintiff had no right to sell any part of land in Sy.No.119 in favour of Vanitha Rao. He also contended that he was in continuous uninterrupted possession and enjoyment of 1 acre of land in Sy.No.119 for more than 30 years. He pleaded further that the boundaries of the suit property shown in the plaint were not correct and that the plaintiffs were not at all in possession of the suit property. The 1st defendant filed additional written statement contending that his land was not situated on the Eastern side of the suit land, but it was situated within the boundaries given in the plaint schedule.

(3.) The Trial Court after examining the witnesses and appreciating the evidence both oral and documentary came to the conclusion that the plaintiffs were not able to prove the identity of the suit property and also their possession on the date of suit and therefore dismissed the suit.