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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JANUARY, 2021

PRESENT

THE HON' BLE MR. JUSTICE B. VEERAPPA

AND

THE HON’BLE MR. JUSTICE K. NATARAJAN

REGULAR FIRST APPEAL No.988/2013

BETWEEN:

SMT. JEANNE PINTO,

W/O LATE WILFRED PINTO

AGED 65 YEARS

AGRICULTURIST AND PLANTER

"NILGIRI ESTATE", BASARIKATTE POST,

MEGUNDA HOBLI, KOPPA TALUK,

CHIKKAMAGALUR DISTRICT,

ALSO RESIDING AT

"EXCELSIOR", UPPER BENDORE,

MANGALORE-575 002.

REPRESENTED BY HER GPA HOLDER

SRI IVOR REGO

AGED 47 YEARS,

S/O W.H.REGO,

"SUSAN" BENDOREWELL

MANGALORE-575002.

...APPELLANT

(BY SRI CYRIL PRASAD PAIS, ADVOCATE)

AND:

1 .

DEPUTY CONSERVATOR OF FORESTS

KOPPA DIVISION,

KOPPA-577126.

R

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2 .

STATE OF KARNATAKA,

BY ITS CHIEF SECRETARY,

VIDHANA SOUDHA,

BANGALORE-560001.

…RESPONDENTS

(BY SMT. T.H. SAVITHA, HIGH COURT GOVERNMENT PLEADER)

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THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96

OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET ASIDE

THE JUDGMENT AND DECREE DATED 06.03.2013 PASSED IN O.S.

No.98/2008 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE,

CHIKKAMAGALURU AND CONSEQUENTLY DECREE THE SUIT AS

PRAYED FOR.

THIS REGULAR FIRST APPEAL HAVING BEEN HEARD AND

RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT OF

JUDGMENT

THIS

DAY,

B.VEERAPPA,

J,

DELIVERED

THE

FOLLOWING:

J U D G M E N T

The plaintiff filed the present Regular First Appeal against the

judgment and decree dated 06.03.2013 made in O.S.No.98/2008

on the file of the Additional Senior Civil Judge and JMFC,

Chikkamagaluru, dismissing the suit of the plaintiff for declaration

of title by way of adverse possession and permanent injunction in

respect of the suit schedule properties.

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2.

The appellant/plaintiff filed the suit for declaration that she

has acquired title over the suit schedule properties by way of

adverse possession and for permanent injunction restraining the

defendants from interfering with her possession over the suit

schedule properties, contending that the suit item No.1 measuring

18 acres 5 guntas of coffee land in Sy.No.188 and 17 acres 20

guntas of coffee land in Sy.No.189 and suit item No.2 measuring 33

acres 8 guntas of coffee land in Sy.Nos.185, 188, 189 and 229 of

Heruru village, Megunda Hobli, Koppa Taluk, Chikkamagaluru

District, morefully described in the schedule to the plaint within the

reputed boundaries of Nilgiri Coffee Estate owned by the plaintiff.

The said lands are revenue lands and the plaintiff’s predecessors in

title had raised the coffee plantation with the shade trees about

hundred years back and are part and parcel of the plaintiff’s estate

known as ‘Nilgiri Coffee Estate’ and has been enjoyed as such, as of

right, in a peaceful manner and without let or hindrance by the

Government or any third party to their knowledge. To prove her

possession, the plaintiff produced the notarized copy of the survey

report of the ADLR, Chikkamagaluru with the plan attached thereto

and the affidavit dated 06.04.1994 of plaintiff’s predecessor in title

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clearly affirming that the plantation described in the schedule to the

plaint has been part and parcel of plaintiff’s Nilgiri Estate for over

hundred years and as such the owners thereof from time to time

including the plaintiff and they have perfected title by adverse

possession, prescription and limitation against the Government and

in particular, against the defendants.

3.

It is further contended that the plantation described in the

schedule to the plaint has at all time being classified in the revenue

records and in the forest records as revenue land, never as forest

land, as can be seen from the statement showing Section 4

declared under the Karnataka Forest Act, 1963 areas included in

forest reserve as per Deputy Commissioner Notification dated

05.06.2002, wherein the plaintiff’s s