HANUMANTHA GOWDA Vs. GIDDE GOWDA

JUDGEMENT

(1.) THE plaintiff is the appellant. His suit-for declaration and injunction based on sale deed, was dismissed by the trial court and such dismissal was confirmed by the lower Appellate court. Hence, he is before this Court in this second appeal.

(2.) THE plaintiff claimed to be the owner having purchased the suit property from his father under registered sale deed dated 14. 5. 1976 executed by his father and brother. The defendant is the divided brother of the plaintiff owning property and enjoying them. The defendant has no matter of right and when the enjoyment of the plaintiff was disturbed by the defendant, he sought declaration and injunction:

(3.) THE defendant resisted the suit contending that the sale deed dt. 14. 5. 1976 was fraudulently obtained by the plaintiff from his father. Some temporary arrangements were made, when the father was alive between the plaintiff and the defendant in front of the panchas with regard to cultivation and enjoyment of the suit property. As per the arrangement, the plaintiff has been cultivating and enjoying the western 6 acres of land and the defendant is cultivating and enjoying eastern 3 acres 21 guntas. The plaintiff is not in possession of the entire suit property and the defendant is entitled to half share in the suit schedule property. The defendant has not disturbed the plaintiff's enjoyment of 6 acres of land.