JANAB NIZAR AHMED SHERIFF Vs. A KANNAN

JUDGEMENT

(1.) THE defendant is the appellant. The suit for declaration of ownership and for possession apart from the mandatory injunction for demolition and removal of unauthorised construction and also for mesne profits have been decreed by the trial court. Challenging such decree the defendant has preferred the present regular first appeal.

(2.) THE brief facts of the plaintiff's case are:-That the plaintiff claimed to be absolute owner of the suit site bearing No. 4 in Sy. No. 132 at Kacharakanahalli, Bangalore North taluk, having purchased the same on 21. 11. 1980 from one Smt. Muniyamma, w/o T. M. Reddy. The records of the panchayat like R of R and I. L. R. has been changed in the name of the plaintiff; but however as the panchayat was not collecting taxes, the plaintiff has not paid the taxes. On 1. 6. 1986 the plaintiff was surprised to find that the defendant had trespassed upon the suit property and constructed a residential house with Asbestos Sheet roof in a portion of the suit site; the issue of legal notice on 9. 6. 1986 having no use, and consequently the suit came to be filed.

(3.) THE contention of the defendant in the written statement was that he is the absolute owner of the property having been purchased the same from Muniyamma on 15. 4. 1980 under the registered sale deed. The said property has been assessed for tax and the defendant also obtained No Objection Certificate from village Panchayat; Only then the defendant has constructed the house and he has given a permission from the Electricity Board for electricity supply; on 14. 5. 1984. The site claimed by the plaintiff is totally different from the defendant's property and the defendant has put up construction on his own site.