GANGAPPA BANKAPPA ANGADI Vs. BASAPPA BANKAPPA SANNAKOODALA

JUDGEMENT

(1.) THE petitioner is granted occupancy rights to the extent of 14 acres in Sy. No. 63/1 of Mookabasarikatti Village of Shiggaon taluk. The respondents 1 to 3 have been granted occupancy rights in Sy. Nos. 63/2, 63/3 and 63/4 measuring 8 acres 39 guntas each.

(2.) THE petitioner filed a suit in O. S. No. 172 of 1986 on the file of the civil Judge (Junior Division), Haveri alleging encroachment to the extent of 33 guntas by the defendant and for relief of possession. The suit is decreed in RA 41 of 1992. It is found that first defendant has encroached to the land to the extent of 33 guntas of land and granted the decree for possession. In the second appeal, this Court made the following observations:

(3.) THE Petitioner made an application to the Tribunal for Survey of the properties pursuant to the direction of this Court in the second appeal. The Tribunal by order at Annexure-B dated 24. 2. 1999 measured the lands and found that petitioner is entitled to occupancy rights only to an extent of 13 acres and 12 guntas and not 14 acres granted by its earlier order. It is held that 1st respondent is entitled to occupancy rights to an extent of 9 acres 27 guntas as against 8 acres 39 guntas granted by its earlier order. As a result of this order, the 1st respondent got additional extent of 28 guntas under the impugned order.