KRISHNA Vs. SADASHIVA KARNA

JUDGEMENT

(1.) THESE second appeals arise from the judgment and decree of the Munsiff's Court, Kasaragod in O.S. Nos. 141 and 151 of 1998 confirmed by the District Court, Kasaragod in A.S. Nos. 239 and 238 of of 2003, respectively. Parties are referred as plaintiff and defendant as in O.S. No. 141 of 1998.

(2.) O .S. No. 141 of 1998 is for recovery of possession of the plaint B schedule and for damages. The plaintiff claimed that the plaint A schedule belonged to Mammu S/o. Poker Beary as per order in LA No. 173 of 1973 of the Special Tahazildar, Land Assignment. The said Mammu sold the plaint A schedule to the plaintiff as per Ext.B2, assignment deed No. 454 of 1978. The plaintiff constructed compound walls on the boundary of the plaint A schedule. It is alleged that the defendant who has property in R.S No. 75/3A trespassed into a portion of the plaint A schedule and took forcible possession. The trespassed area is shown as the plaint B schedule. Hence the prayer for recovery of possession and damages.

(3.) THE defendant in O.S No. 141 of 1998 filed O.S. No. 151 of 1998 for a decree for prohibitory injunction against the plaintiff in O.S. No. 141 of 1998 trespassing into the suit property. There also, the very same allegation and counter allegations are made. The trial court found that the plaintiff in O.S. No. 141 of 1998 has subsisting title over the property. O.S. No. 141 of 1998 was decreed and O.S. No. 151 of 1998 was dismissed.