DEVANAGOUDA; CHANNAVVA Vs. MAHADEVAPPA

JUDGEMENT

(1.) This is an unsuccessful defendants' second appeal against the judgment and decree dated 23.09.2010 made in R.A. No.44/2009 on the file of the Additional Senior Civil Judge, Haveri, confirming the judgment and decree dated 26.05.2009 made in O.S. No.115/2005 on the file of the Civil Judge, (Jr. Dn.) and J.M.F.C., Shiggaon decreeing the suit for permanent injunction filed by the plaintiff.

(2.) The respondent plaintiff filed the suit for permanent injunction against the defendants contending that the suit schedule property bearing VPC No.146(6)(2)(1) measuring East West 66 feet, North South 100 feet, situated at Hunagund Village of Chandapur Gram Panchayat, Shiggaon Taluk, Haveri District is the self acquired property of the plaintiff and he has purchased the same from one Chandrashekharayya son of Somshekharayya Sadashivapet on 27.11.2003 for Rs.40,000/- under a registered sale deed and he is in possession and enjoyment of the suit schedule property and there was a mistake in the sale deed that the western side and northern side was wrongly shown. Therefore, the same was rectified by executing a sale deed dated 23.02.2004. The plaintiff has constructed a cattle shed and two grass huts for storing agricultural products. The plaintiff has been using the remaining portion for the purpose of storing hay stock, food manure, agricultural implements and cow dung etc., and contended that the defendants have no manner of right, title interest to inter with the plaintiff's possession and enjoyment of suit schedule property etc. Therefore, the plaintiff filed the suit.

(3.) The defendant Nos.1 and 2 filed written statement and denied the entire plaint averments and also description of the property and contended that the property of the defendants exists towards the side of the suit schedule property and full towards northern side of the suit schedule property. There exits no property of Chandrashekharayya Sadashivapet on eastern side of the suit schedule property and also denied the alleged sale deed by the plaintiff from the said plaint and also contended that he is not the owner of the suit schedule property. Plaintiff has not constructed cattle shed and contended that the property No.147/7 of Hunagund Village of Chandapur Gram Panchayat measuring East West 99 feet and North South 120 feet was originally the property of one Gadigeyya Basavanneyya Hiremath and the said property includes the property No.146(6)(2)(1) and the possession of the said property was given to the 1s t defendant on 01.01.1975. Thereafter, the 1s t defendant name was entered in Panchayat records in respect of the said property. The 1s t defendant is the owner and he is in possession and enjoyment of the said property on 01.01.1975 as to the knowledge of the plaintiff and others. Therefore, defendants perfected their right over the said property by way of adverse possession only with an intention to grab the said property, the plaintiff has shown excess measurement in his sale deed. Therefore, the defendants sought for dismissal of the suit.