NARASIMHAIAH Vs. SRI. APPAJI GOWDA AND SRI VENKATAPPA

JUDGEMENT

(1.) THIS second appeal is filed by defendant No. 1 in the original suit No 150/2003 on the file of Civil Judge (Jr. Dn.) and JMFC, Nagamangala. On going through the records it is seen that suit for permanent injunction was filed by the plaintiff contending that suit schedule property i.e., land bearing Sy. No. 86, Block No. 17 measuring 2 acres situated at Sukadhare village, Honakere Hobli, Nagamangala Taluk was granted to him vide order GDR No. 168/1964 -65 dated 15.5.1967 and Saguvali chit was issued to him on 5.12.1979 and since then he has been in possession and enjoyment of the same by growing ragi and hurali. The Grant Certificate issued in favour of plaintiff is at Ex. P1. Sketch annexed to Grant Certificate is at Ex. P2. Pursuant to that, RTC also is standing in his name vide Ex. P3. The mutation extract is at Ex. P4. Based on these documents, he has sought for the relief of permanent injunction against defendants 1 and 2. In the said suit, defendants 1 and 2 entered appearance and contested the matter by filing written statement and denying the title and possession of the plaintiff over the suit schedule property.

(2.) IN the said suit, on the basis of pleadings, following issues were framed: - 1. Whether the plaintiff proves that he is in lawful possession of the suit schedule property as on the date of suit? 2. Whether plaintiff proves the alleged interference caused by the defendants?

(3.) WHAT order or decree? On appreciation of the oral evidence by plaintiff as P.W. 1 which is supported by documents at Exs. P1 to P4 and also based on the evidence of 1st defendant as D.W. 1 and also documents which were filed by him at Exs. D1 to D5 and on consideration of the Commissioner report who was appointed in the said proceedings which is at Ex. C1 and other related documents which are at C2 to C5, the trial Court proceeded to answer issues 1 to 3 in the affirmative in favour of plaintiff and accordingly, proceeded to decree the suit of the plaintiff accepting that he is in possession of the suit schedule property pursuant to grant made in his favour and saguvali chit was issued in his favour. 3. Aggrieved by the same, 1st defendant preferred an appeal in R.A. 1/2008 on the file of Civil Judge (Sr. Dn.), Nagamangala. In the said appeal, the lower appellate Court, on appreciation of grounds of appeal and with reference to pleadings, oral and documentary evidence available on record and also finding of the trial Court on issues 1 to 3, proceeded to frame the following points for consideration: 1. Whether the plaintiff has proved that he is in lawful possession and enjoyment of the suit schedule property as on the date of the suit? 2. Whether the plaintiff proves that there is interference by the defendant in his peaceful possession and enjoyment of the suit schedule property? 3. Whether the judgment and decree passed by the lower court is erroneous and calls for interference by this Court? 4. What order or relief? And answered the first and second points in the affirmative. So far as third point framed for consideration regarding the judgment and decree passed by the lower Court is required to be interfered, as does not call for interference and proceeded to dismiss the appeal filed by the 1st defendant in R.A. 1/2008. As against the concurrent finding of both the Courts below, the present second appeal is filed. 4. On going through the grounds of appeal and with reference to finding of both the Courts below and issues framed in the trial Court and points for consideration in the lower appellate Court, this Court find that the reason given by both the Courts below in decreeing the suit of the plaintiff appears to be just and proper. As against the concurrent finding on facts by both the Courts below, no substantial question of law arises for consideration. In that view of the matter, second appeal filed by the 1st defendant in O.S. 150/2003 is hereby dismissed. While doing so, judgment and decree passed in O.S. 150/2003 on the file of Civil Judge (Jr. Dn.), Nagamangala, which is confirmed by the Civil Judge (Sr. Dn.), Nagamangala in R.A. 1/2008 is hereby confirmed.