CHANDRAWWA AND ORS Vs. CHANNAWWA W/O SHANKARAPPA ANGADI

JUDGEMENT

(1.) This appeal is filed by defendant-2 in O.S.31/2005 assailing the judgment and decree passed by the I Appellate Court in R.A.94/2006 dated 31.7.2008 passed by the Civil Judge, (Sr.Dn.), Jamkhandi, by which the judgment and decree of the Principal Civil Judge (Jr.Dn), Mudhol, in O.S.31/2005 dated 31.3.2006 was set aside.

(2.) Respondents 1 to 5 herein are the plaintiffs who filed a suit seeking declaration, injunction and for rectification of the revenue records in respect of R.S.206/8 measuring 1 acre 32 guntas situated at Mantur village. According to them, the deceased husband of plaintiff-1 and the father of other plaintiffs had purchased the suit property from its owner-defendant-1 on 13.11.1981 for a valuable consideration and since the said date they had been in peaceful possession and enjoyment of the suit land. That in the sale deed, the property was wrongly mentioned as R.S.188/1. However, on 23.4.1971 defendant-1 sold R.S.188/1 measuring 1 acre 22 guntas, situated in the same village to defendant-3 and that defendant-3 was in possession of the said property. Though R.S.188/1 was purchased by defendant-3 on 23.4.1971, there was no mutation made in the revenue records and by mistake while executing the sale deed on 13.11.1981 R.S.188/1 was mentioned instead of R.S.206/8.

(3.) That defendant-3 had filed O.S.265/1991 seeking a declaration that he is the owner in possession of R.S.188/1 measuring 1 acre 22 guntas of land and that a declaration was granted in that regard and thereafter, he had got his name entered in the revenue records. That plaintiffs sought for change in the mutation entries with regard to R.S.206/8. At that time, the Tahasildar, Mudhol, intimated in writing that the name of defendant-2 was found with regard to R.S.206/8 in the revenue records. It is under those circumstances, that the plaintiffs filed the suit seeking declaration of title, injunction and rectification in the revenue records.