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HULUVADI G.RAMESH
Chikkananje Gowda – Appellant
Versus
Siddalingaradhya – Respondent
Huluvadi G. Ramesh, J.—This is a defendant’s second appeal aggrieved by the order passed by the Additional Civil Judge (Senior Division), Kolar in R.A. No. 143 of 1998 on 17-9-2005 confirming the order of the Additional Civil Judge (Junior Division), Kolar in O.S. No. 438 of 1989 on 15-4-1998.
2. Plaintiff filed a suit stating that 1/3rd portion of the property in Sy. No. 24 was sold in favour of the defendant by his father and the remaining extent was retained by them and that there is encroachment of 20 guntas by the defendant. Of course, in the plaint, there is a mention made with respect to the boundaries and the extent of land available to the defendant i.e., the specific case of the plaintiff is, Sy. No. 24/1 was sold in favour of this defendant by his father and the extent is mentioned as 3.06 acres. According to the plaintiff, 20 guntas of land is in defendant’s possession and he has sought for a declaration and possession as against the defendant to that extent on the ground there is encroachment. Suit was contested before the Trial Court. According to the defendant, the entire land in Sy. No. 24 of Segehalli Village was owned by Patel Rudraiah and he was owner of
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