N S SATYANARAYANA Vs. THIMMAPPA

JUDGEMENT

(1.) THE plaintiff is the appellant. The suit for declaration in respect of three items of the suit property and for injunction restraining the defendants from disturbing his possession, was partly decreed by the Trial Court (in respect of item 1 only) in O. S. 286 of 1982 on the file of the Additional Munsiff, Arasikere on 7-11-1987. Appeal preferred therefrom by the plaintiff again in R. A. 1 of 1988 on the file of the Civil Judge, Arasikere came to be dismissed on 25-1-1988. The plaintiff is for the second appeal as appellant before this Court.

(2.) THE plaintiff claimed declaration of title in respect of three items of properties, on the basis of purchase from one Manjunathaiah, and according to him the defendants were trying to interfere with his possession of the property and also threatened to cut Honge and Babul trees raised in item 2 of the property and hence he prayed for declaration and injunction.

(3.) IN the written statement, the defendants contended that the plaintiff did not purchase items 2 and 3 as items 2 and 3 are the properties wherein the defendants are in possession and the said properties are gomal land belonging to the Government of Karnataka and that non-im-pleading of Government of Karnataka is fatal to the suit. Thus, the defendants resisted the suit.