To establish adverse possession, one must prove continuous possession with animus possidendi; failure to demonstrate this negates such claims.

JUDGMENT :

G. BASAVARAJA, J.

1. The appellant, who was the defendant before the Trial Court, has preferred this appeal against the judgment and decree passed by the Civil Judge and JMFC, Koppal, in O.S.No.104/2013 dated 17.04.2017, which was confirmed by the Senior Civil Judge and CJM, Koppal, in R.A.No.10/2017 dated 15.12.2022.

2. The parties are referred to as per their rank before the Trial Court.

3. Brief facts leading to this appeal are that the plaintiff is the absolute and exclusive owner of the suit land measuring 1.05 acres in Sy No.23/B situate at Budagumpa Village of Koppal Taluka. Originally the land bearing Sy.No.16 measuring 17.38 acres of Budugumpa village was owned and possessed by Sri.Gyanappa S/o Timmappa. Due to passing of Koppal-Gangavathi road, the said land bifurcated into two parts as eastern and western strips. Out of 17.38 acres of land in Sy.No.16, eastern strip measuring 2.10 acres and western strip measuring 14.04 acres and 1.24 acres is covered by the said road. In partition between Gyanappa and his brother Parameshwarappa, each have got 8.39 acres inclusive of road portion out of 17.38 acres. Accordingly, the same was numbered as Sy.No.16/A and Sy. No.16/Aa respectively.

4. It is further averred that out of western strip of 14.04 acres and eastern strip of 2.10 acres, northern portion measuring 7.02 acres and 1.05 acres respectively fallen to the share of Parameshwarappa and remaining southern portion 7.02 acres and 1.05 acres fallen to the share of Gyanapa. After the death of Parameshwarappa, his entire land was succeeded by his four sons namely Hanumappa, Yamanappa, Amarappa and Duragappa who have sold the said property bearing Sy.No.16/Aa measuring 8.39 acres inclusive of road measuring 32 guntas in favour of the plaintiff's father Phirojappa through registered sale deed dated 03-01-1966 and also delivered the possession. The land bearing Sy.No.16/A measuring 7.02 acres and 1.05 acres which was fallen to the share of Gyanappa have been renumbered as Sy.No.7/A and Sy.No.23/A respectively by revenue authorities, excluding 32 guntas covered by road. Similarly the land measuring 7.02 acres and 1.05 acres in Sy.No.16/Aa purchased by the father of the defendant which was renumbered as Sy. No.7/B and 23/B respectively by revenue authorities excluding 32 guntas covered by road.

5. It is further averred that since the date of purchase, the father of the plaintiff, and after his demise his sons are in exclusive ownership and possession of the land bearing Sy.No.7/B to the extent of 7.02 acres and land bearing Sy.No.23/B measuring 1.05 acres till date of encroachment and illegal dispossession by the defendant. In family partition among plaintiff and his brothers, the suit land has fallen to the share of plaintiff.

6. It is further averred that the defendant is the owner of adjacent land bearing Sy.No.23/A measuring 1.05 acres of Budagumpa Village and defendant has purchased the land from Ningappa S/o Gyanappa through the registered sale deed dated 29-11-1996 and came into the possession of said land. Defendant is totally stranger having no right, title or interest over the suit land of the plaintiff. On 21-12-2011 the defendant, all of a sudden, came along with his henchmen, forcibly encroached and dispossessed the plaintiff from the suit land stating that his land comes up to road. The recitals of boundaries in defendant's sale deed are wrong and not binding on the plaintiff. The advise and resistance of the plaintiff and other neighboring persons gone in vain. The plaintiff has approached the survey authorities for measurement and sough