ARYA IDIGA SANGHA Vs. VIJAYKUMAR

JUDGEMENT

(1.) The defendant being aggrieved by the judgment and decree dated 10.10.2017 passed in R.A.No.55/2015 on the file of I Addl. District Judge, Kalaburagi who reversed the judgment and decree dated 13.08.2015 passed in O.S.No.123/2004 on the file of II Addl. Civil Judge (Sr.Dn.) Court, Kalaburagi has filed this appeal.

(2.) The parties are referred to with their rank before the trial court.

(3.) The plaintiff filed the suit before the trial Court seeking a decree for the relief of declaration, possession, mandatory injunction and mense profits and injunction in respect of the suit schedule property. It is the case of the plaintiff that the suit schedule property was purchased by his father under the registered sale deed dated 18.10.1965 in his name as he was minor. The original sale deed is lost and therefore certified copy of sale deed is produced. He further contended that the defendant claiming as a society as nothing to do with the possession of the suit property. The plaintiff is residing in Bengaluru for his business purpose, taking undue advantage of the same, the defendant has encroached within the suit property, dug the pits for construction of building and in some places he has constructed building upto basement level without permission from the City Corporation. The plaintiff being the owner of the suit property, defendant has no right title and interest over the said property. Therefore, plaintiff asked the defendant to remove the illegal construction over the suit property as the same has deprived his legal rights. However, defendant failed to remove the same. Therefore, the plaintiff was constrained to file the said suit.