&

DECREE

DATED

17.07.2009

PASSED

IN

R.A.NO.27/2002 ON THE FILE OF THE ADDL. CIVIL JUDGE, (SR.

DN.) AND JMFC, HUNSUR, DISMISSING THE APPEAL AND

2

CONFIRMING THE JUDGEMENT AND DECREE DATED: 15.03.02

PASSED IN OS.NO.19/1997 ON THE FILE OF THE CIVIL JUDGE, (JR.

DN.) AND JMFC HUNSUR.

THIS APPEAL COMING ON FOR HEARING THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

JUDGMENT

The captioned second appeal is filed by unsuccessful

plaintiff feeling aggrieved by the concurrent judgments and

decrees of the Courts below in dismissing the suit filed by the

plaintiff seeking relief of declaration of title over schedule ‘A’

property and also for possession of ‘B’ schedule property.

2.

For the sake of convenience, the parties are

referred to as per their rank before the Trial Court.

3.

The facts of the case are as under:

The plaintiff is seeking relief of declaration to declare

that he is the absolute owner of Schedule ‘A’ and ‘B’

properties. The plaintiff further contends that defendants

have

high

handedly

encroached

schedule

‘B’

property

measuring 6¾ guntas. The plaintiff is asserting title over

3

schedule ‘A’ and ‘B’ properties on the basis of the registered

sale deed dated 13.6.1986. The pla