The courts reaffirmed that ownership and possession rights are upheld when supported by valid documentation, and that claims of encroachment require substantiated rights.

JUDGMENT :

(M.G.S. KAMAL, J.)

1. This appeal is by defendants No.1, 4(d), 8, 9 and 12 aggrieved by the judgment and decree dated 20.07.2007 passed in O.S.No.120/1998 on the file of Civil Judge Junior Division, Ramdurg (Trial Court), by which the suit of the plaintiff for permanent injunction and declaration with regard to the entries made by the Kadampur Gram Panchayat in respect of the plots in the Panchayat records as null and void was decreed, which is confirmed by the judgment and decree dated 29.04.2015 passed in R.A.No.107/2007 on the file of Senior Civil Judge, Ramdurg (First Appellate Court).

2. Brief facts of the case are as under:

3. That originally land bearing R.S.No.93 situated at Budnur village measuring 7 acres 27 guntas belonged to one Mallangouda Ramangouda Patil. That out of the said 7 acre 27 guntas of land, the said Mallangouda Ramangouda Patil sold an extent of 4 acres in favour of one Dyavappa Ishwarappa Chawadi in terms of a registered deed of sale dated 25.01.1989. The description of the said 4 acres of land as shown in the said sale deed is as under:

East by land of dundappa Agasar

West by remaining land

North by remaining land

South by Government road

4. That the said land in R.S.No.93 was divided into two parts assigning R.S.No.93/1 to the land measuring 3 acres 27 guntas retained by Mallangouda Ramangouda Patil, while R.S.No.93/2 was assigned to 4 acres of land purchased by Dyavappa Ishwarappa Chawadi.

5. Plaintiff purchased said 4 acres of land in R.S.No.93/2 from the said Dyavappa Ishwarappa Chawadi in terms of registered deed of sale dated 27.04.1998 and his name was mutated in the revenue records vide M.E.No.2112. Ever since then he has been in possession and enjoyment of the suit property.

6. It is alleged that out of the remaining 3 acres 27 gutnas of land with R.S.No.93/1, 30 guntas of land towards northern side had been gifted by said Mallangouda Ramangouda Patil in favour of the Public Instruction Department, Belagavi and had sold another extent of 10 guntas of land. Consequently, R.S.No.93/1 was further divided into R.S.No.93/1A and R.S.No.93/1B measuring 2 acres 27 guntas and 1 acre respectively. R.S.No.93/1A continued to stand in the name of Mallangouda Ramangouda Patil, while R.S.No.93/1B was mutated in the name of Government of Karnataka, Public Instruction Department, Belagavi.

7. That in the year 1989 said Mallangouda Ramangouda Patil who had retained 2 acres 27 guntas of land applied for change of land usage from agriculture to non-agriculture purpose. The Tahasildar, Ramdurg vide order dated 02.08.1989 granted permission for change of land usage subject to certain conditions. That the said Mallangouda Ramangouda Patil had not complied the said conditions however prepared and submitted bogus hand sketch/map to the Kadampur Gram Panchayat Secretary and obtained allotment of plot numbers. The said map is illegal and disclosed encroachment into the land of the plaintiff illegally.

8. That though the plots could only be formed in the land measuring 2 acres 27 guntas of land, the map purported to show the same in land measuring about 3½ acres.

9. That defendants No.1 to 12 are the purchasers of the site from said Mallangouda Ramangouda Patil towards southern side of the land of the plaintiff which has never been converted from agriculture to non-agriculture purposes. That towards southern side of the land of the plaintiff there existed a public road however defendants No.1 to 12 are threatening to construct houses in the land of the plaintiff towards southern side interfering with his peaceful possession and enjoyment of the suit property. Hence, the suit.

10. D