USHA Vs. SADASHIVA ACHARYA

JUDGEMENT

(1.) Appellant is the legal heir of the defendant in the suit. The suit was for recovery of possession of Plaint A scheduled property on the strength of the title. As per the plaint allegations, Plaint A schedule property originally belonged to one Sheik Ahmmed as per Ext.A2 Assignment dtd. 25/11/1978; that the said Sheik Ahmmed executed Ext.A1 Sale Deed dt. 12/2/1981 conveying the plaint schedule property to the plaintiff; that the defendant has 8 cents of land on the western side of the plaint A schedule property; that the defendant constructed a house in a portion of A schedule property; that the defendant shifted her residence to the newly constructed house in Plaint A schedule property; and that though the plaintiff demanded to surrender vacant possession of the Plaint A Schedule property, the defendant refused to surrender the same to the plaintiff. Hence, the suit was filed.

(2.) The defendant contested the suit by filing a Written Statement and raising a counterclaim. The defendant contended inter alia that the defendant is in exclusive possession of 'X' schedule property described in the Written Statement as per document No.4/1982 of SRO Manjeshwar; that there was a vacant land extending 15 cents in front of the residential building of the defendant belonging to the plaintiff; that the defendant encroached into the said 15 cents of land and made construction of residential house and the said portion of Plaint A schedule property is shown as 'Y' schedule property; that the defendant has been in possession and enjoyment of 'Y' schedule property for last more than 31 years openly and peacefully and uninterruptedly to the knowledge of the plaintiff and she has perfected title by adverse possession. On these contentions, the defendants prayed for a declaration that she had perfected her title to the 'Y' schedule property by adverse possession and limitation and for a consequential relief for a permanent prohibitory injunction.

(3.) Neither the plaintiff nor the defendant adduced any oral evidence. Exts.A1 to A3 and A4 Series were marked from the side of the plaintiff, and Ext.B1 and B2 were marked from the side of the defendant. The Commission Report and Plan are marked as Ext.C1 and C2.