NAGARAJ Vs. D.M. MOHANRAJ

JUDGEMENT

(1.) This appeal is filed by the defendant in O.S.No.176/2005 on the file of the II Additional Senior Civil Judge and JMFC, Tumakuru. Respondent in this second appeal is the plaintiff in the said suit.

(2.) The plaintiff filed a suit for declaration of his title over 'A' schedule property consisting of two sites bearing Nos.5 and 6, measuring 30 feet x 40 feet each formed in Sy.No.3 of Channanadinne village, now called Mahalakshmi Nagara, Tumakuru and also, sought for recovery of possession of 'B' schedule property marked as 'ABCD' in the plaint sketch, where the defendant appeared to have put up a shed. In addition to these reliefs, the plaintiff also sought for mandatory injunction directing the defendant to demolish the shed and for permanent injunction for protecting his property.

(3.) The plaintiff pleaded that, one Kempaiah was the grandfather of the defendant. He purchased 'A' schedule property from said Kempaiah on 27.01.1982 through a registered sale deed and then obtained revenue documents to his name. He further stated that, Kempaiah had obtained conversion order for 20 guntas of land in Sy.No.3 from agriculture to non agricultural purpose, formed a lay-out and sold all the sites formed in the said land. On 25.06.2003, when the plaintiff went near the suit property, he found a small shed in a part of 'A' schedule property, having been put up by the defendant. The plaintiff questioned the defendant as to why he had put up the shed, and it was alleged that, at that time, the defendant threatened him. The plaintiff made a complaint to the police and also to the municipal authorities. They did not take any action and therefore, the plaintiff filed a suit for the above reliefs.