IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.M.SHYAM PRASAD REGULAR SECOND APPEAL NO. 1118 OF 2017 (INJ) Between:
SMT GOWRAMMA W/O SIDDAPPA AGED ABOUT 65 YEARS RESIDENT OF ANIVALA VILLAGE HOSADURGA TALUK CHITRADURGA DISTRICT-577 527 ... APPELLANT (BY SRI. B.M.SIDDAPPA, ADVOCATE) And:
SMT VEDAVATHI W/O PUTTASWAMY AGED ABOUT 40 YEARS AGRICULTURIST RESIDENT OF ANIVALA VILLAGE HOSADURGA TALUK CHITRADURGA DISTRICT-577 527 ... RESPONDENT (BY SRI. D.C.JAGADEESH, ADVOCATE) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.03.2017 PASSED IN R.A.NO.117/2016 (OLD NO.98/2013) ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, HOSADURGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 07.10.2013 PASSED IN O.S.NO.320/2012 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, HOSADURGA.
THIS REGULAR SECOND APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is by the plaintiff in O.S.No.320/2012 on the file of the Additional City Civil Judge & J.M.F.C., Hosadurga.
2. The appellant-plaintiff has filed the suit in O.S.No.320/2012 for permanent injunction insofar as an vacant site measuring East to West 20 feet and North to South 70 feet in the property bearing No.209 of Anivala Village, Kasaba Hobli, Hosadurga Taluk (for short, ‘subject property’). The Appellant-plaintiff has contended that the Panchayath granted to her a total extent measuring East to West 80 feet and North to South 70 feet in the property situated in Anivala village, Mandal Panchayath Mallappanahally, and she has transferred the Eastern portion in two parts together measuring East to West 60 feet and North to South 70 feet. The first portion measuring East to West 20 feet and North to South 70 feet is sold in favour of Boodi Basappa under the sale deed dated 23.05.1990 and the other portion measuring East to West 40 feet and North to South 70 feet is sold in favour of the defendant under the sale deed dated 18.04.1994. The appellant-plaintiff has retained title and possession of the Western portion measuring East to West 20 feet and North to South 70 feet (the subject property). The respondent – defendant, who is the owner of the adjacent portion measuring East to West 40 feet and North to South 70 feet, is interfering with the appellant’s – plaintiff’s possession of the subject property.
3. The trial Court on appreciation of the evidence and in the light of the plaintiff’s own statement in the plaint that she was granted only East to West 60 feet and North to South 70 feet by the Panchayath, (and her admission in this regard in her evidence), has dismissed the suit holding that the appellant - plaintiff is not able to establish that she was indeed granted an extent measuring 80 feet X 70 feet. Further, the trial Court has also concluded that the appellant - plaintiff will have to succeed on the strength of own case, and as the appellant - plaintiff is unable to establish that she is granted 80 feet X 70 feet, she cannot succeed in the suit for permanent injunction on what could be deficiencies in the defence of the other party.
4. The appellant - plaintiff challenged this judgment in an appeal in R.A.No.117/2016 on the file of Senior Civil Judge & J.M.F.C., Hosadurga, and the appeal is dismissed by the Appellate Court on 09.03.2017.
5. The Appellate Court in addition to the reasons for which the suit was dismissed by the trial Court has also observed that the appellant – plaintiff cannot succeed because she is unable to explain how the Panchayath mutated her name in the revenue records to an extent measuring 80 feet x 70 feet. Thus, the Appellate Court negated the appellant’s claim to the title and possession for an extent of 80 feet x 70 feet, based on the revenue records as well. The revenue records do not confine any title, nor it can be received in evidence for possession without corroborative evidence. As such, no substantial question of law arise in this appeal. Accordingly, the appeal is dismissed.
SD/-
JUDGE KG/nvj