NAGAPPA Vs. YENKANNA

JUDGEMENT

(1.) The defendants hae filed this appeal under Section 100 of CPC, assailing the judgment and decree dated 02.08.2013 in O.S.No.57/2007 on the file of Civil Judge and JMFC, Shahapur and the judgment and decree dated 21.08.2014 passed in R.A.No.24/2013 on the file of Senior Civil Judge, Shorapur sitting at Shahapur.

(2.) The parties to this appeal would be referred to as per their rank in the original suit. Before this Court defendants are appellants and respondent is plaintiff.

(3.) The plaintiff filed suit for declaration as owner and possessor of Sy. No.48/AA to an extent of 18 acres 20 guntas situated at Kakkasgera village in Shahapur Taluk. The plaintiff claims that he purchased the suit schedule properties from Mallappa and there is a decree in favour of the plaintiff in O.S.No.65/1974. The defendants are strangers. As the plaintiff resided at Surpur, the possession of the land was handed over to the father of defendant Nos.1 and 2 for growing crop on crop sharing basis. When such was the position, defendant Nos.1 and 2 in collusion with revenue officials, changed the Khata in their favour. As the defendants interfered with the schedule properties in May 2007, the plaintiff was constrained to file the suit.