Appeal by a school against dismissal of an injunction suit for encroachment. The High Court dismissed the appeal as the plaintiff failed to prove the identity of the suit property despite the existence of a gift deed lacking specific boundaries.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 21ST DAY OF MARCH, 2017
BEFORE
THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR
R.S.A. NO.5116/2013 (PI)
BETWEEN:
SARDAR V G DESAI HIGH SCHOOL, CHACHADI, TQ: SAVADATTI, REPTD., BY ITS HEAD MASTER SRI. MALLIKARJUN KADAPPA, KASHAPPAGOL, AGE: 44 YEARS, OCC: HEAD MASTER, R/O: CHACHADI, TQ: SAVADATTI, DIST: BELGAUM – 580031..
... APPELLANT
(BY SRI : NAVEEN R. MELINAMANI FOR SRI JAGADISH PATIL, ADVOCATE)
AND :
... RESPONDENTS
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THIS RSA IS FILED U/O. 41 RULE 1 R/W. SEC.100 OF CPC, AGAINST THE JUDGEMENT & DECREE DTD:07.11.2012 PASSED IN R.A.NO.7/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, SAUNDATTI, DISMISSING THE APPEAL, FILED AGAINST THE JUDGMENT DTD:25.05.2011 AND THE DECREE PASSED IN O.S. NO.30/2006 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) SAUNDATTI, DISMISSING THE SUIT FILED FOR PERMANENT INJUNCTION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THIS COURT, DELIVERED THE FOLLOWING:
JUDGMENT
The appellant is the plaintiff in O.S. No.30/2006 on the file of Civil Judge (Jr. Dn.), Saundatti. The plaintiff is a school. It brought a suit for permanent injunction at the inception, to restrain the defendants from interfering with its peaceful possession and enjoyment of the suit property. Subsequently, plaint was amended and mandatory injunction was also sought. Suit property is two guntas of land, out of 18 guntas of land in R.S. No.317. It is the case of plaintiff that in the year 1972 Kadasiddeshwara Shikshana Samithi wanted to start a High School under the name, Sardar V.G. Desai High School at Chachadi village. Eight villagers donated their lands for construction of a school building and for playground. Eight gift deeds came to be executed. The defendants also executed a gift deed in respect of 18 guntas of land in R.S. No.317/1. The total
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extent of R.S. No.317/1 is 2 acres 34 guntas and out of this 18 guntas was gifted to the school. In the course of time, the defendants started constructing a building on the northern end of the gifted property. The plaintiff suspected that the defendants were trying to encroach upon 3 guntas of land. Therefore, the Managing Committee of the School advised the defendants not to put up any construction. Some efforts were made for stopping the construction. The Panchayath Authorities also issued notice to the defendants to stop the construction. The matter was also taken to the police station. At last, suit was filed. An order of status quo was granted. But according to the plaintiff, the defendants violated status quo order and completed the construction, and therefore, the plaintiff amended the plaint to seek relief of mandatory injunction for demolition of the construction made by the defendants.
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dated 22.02.1999 is a concocted and created document. Defendants are illiterates. Taking advantage of the fact that their property is situated adjacent to the school property and to gulp the said property the school authorities created a gift deed and their signatures were taken. They did not know at that time that they were executing gift deed. They were given to understand that their signatures were necessary for conducting survey of the land and having obtained their signatures, they created a gift deed. So, under these circumstances defendants disputed the possession of the plaintiff as well as the validity of the gift deed.
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depose as to exact extent of the property of the plaintiff – Institution. So this answer makes it clear that the plaintiff is not clear about the identity of the property. When the gift deed does not contain boundaries and total extent of R.S. No.317/1 is 2 acres 34 guntas, the plaintiff- Institution has to get the lands surveyed to ascertain the extent of land gifted to the school by the defendants. So, when there is no evidence to this effect, both the Courts are justified in dismissing the suit. In these circumstances, I do not find any good ground for admitting the appeal. Therefore, appeal is dismissed.
Sd/JUDGE
hnm
2 issues framed by the court
Whether the suit for permanent injunction can be allowed when the plaintiff failed to prove the identity of the suit property.
Whether the registered gift deed executed by the respondents is sufficient to establish the plaintiff's possession and extent of gifted land.
1 provisions across 1 enactments
Sardar V G Desai High School, Chachadi
Rajaram Neelappa Karade
Somappa S/o Rajaram Karade
Sadeppa S/o Rajaram Karade
Sreenivas Harish Kumar
As recorded by the court registry
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