JUDGEMENT
B.S. Patil, J. -
(1.)THIS appeal is filed by the plaintiff challenging the judgment and decree dated 15.04.2002 passed by the XXIV Addl. City Civil Judge, Bangalore, dismissing the suit O.S. No. 2506/1981.
(2.)THE suit was originally filed by Venkatappa S/o Venkatanarasaiah. Upon his death, his legal representatives appellants herein have prosecuted the suit. Plaintiff -Venkatappa filed the suit seeking the relief of declaration that he was the absolute owner in possession and enjoyment of the suit schedule property and for permanent injunction to restrain the defendants from interfering with the suit schedule property. The suit schedule property as described in the plaint schedule is, a vacant site bearing house list No. 182 measuring East to West 40' and North to South 40' bounded on the East by road, West by remaining portion of the site belonging to the plaintiff, North by road, and South Kempa Hanumaiah's land, situated at Shivapura village, Nallakadarenahalli Dhakale, Yeswanthpur Hobli, Bangalore North Taluk.
The suit was filed against Venkatamma, W/o late Moodalappa arraying her as 1st defendant, and Venkatalakshmamma, W/o Hanumanthaiah arraying her as 2nd defendant. Chokkasandra Group Panchayat, Dasarahalli, was arrayed as 3rd defendant. Venkatamma died during the pendency of the suit. Her legal representatives have been brought on record as defendant 1(a).
(3.)THE case of the plaintiff was that he was the absolute owner in possession and enjoyment of site measuring East to West 80' and North to South 40' marked as 'A', 'B', 'C', 'D', 'E' & 'F' in the suit sketch, having purchased the same from a Jodidar by name K. Shamachar under registered sale deed dated 24.03.1946. Ever since the date of purchase, plaintiff was in possession and enjoyment of the property. After purchase, he was using the property for Kana and for tethering the cattle; besides he had raised two trees on the property and was also making use of a portion of the site as kitchen garden. Plaintiff claimed that he filed an application before the 3rd defendant -Panchayat on 14.02.1981 for recognizing him as kathedar in the records of the panchayat and to assess the site for property tax, but the panchayat did not oblige.
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