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1989 Supreme(Kar) 332

K.A.SWAMI
DANAPPA REVAPPA KOLLI – Appellant
Versus
GURUPADAPPA MALLAPPA PATTANASHETTI – Respondent


Advocates:
U.L.NARAYAN RAO

SWAMI, J.

( 1 ) THIS second appeal arises out of a suit for declaration of title and for permanent injunction and alternatively for possession.

( 2 ) THE plaintiff claims to be the owner of the suit property measuring 0-10 guntas which forms part and parcel of the land bearing S. No. 483/2-A which according to the plaintiff extends upto the bund lying in between the land bearing s. No. 483/2-A belonging to the plaintiff and S. No. 482/2 belonging to the defendant. Alternatively he has also pleaded adverse possession also.

( 3 ) AS far as title is concerned, in the light of the measurement made by the Surveyor, both the Courts below have held that the disputed land forms part of S. No. 482/2 and as such the defendant is the owner.

( 4 ) REGARDING adverse possession, both the Courts below have negatived the contention of the plaintiff. One of the reasons given by the lower appellate Court is that it has been the case of the plaintiff that his land extended upto the bund in question and therefore the bund having been in existence for over a period of 30 years, such possession must be held to be adverse possession and title must be held to have been perfected by adverse possession. The






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