STATE DEPUTY COMMISSIONER Vs. SYED ALI AHMED HUSSAINI

JUDGEMENT

(1.) THIS appeal under Section 96 of the Code of Civil Procedure is by the defendants in OS No.22 of 2001 which was oh the file of the Court of the Civil Judge [Senior Division] at Basavakalyan in a suit filed by the plaintiffs for the following reliefs,

(2.) THE plaintiffs had pleaded that they are all Sons of one Syed Hyder Hussaini and are owners and possessors of land in Sy. No.510 measuring an extent of 6 acres 10 guntas and they had inherited the property from their father who had died intestate, had developed the same and were joint owners and possessors of the said land.

(3.) IT was also pleaded that in the extent of land in possession of the Government i.e., 4 acre 34 guntas, the Government had constructed the buildings and structures on some part of it and in the remaining area the vehicles of the visitors were being parked; that the defendants had put a barbed fencing surrounding the land in their possession recently in the year 2000 and because of this development, the plaintiffs had filed the suit for relief as indicated above. The barbed fencing put up by defendants was pleaded as cause of action for filing the suit.