RAME GOWDA Vs. VARADAPPA NAIDU

JUDGEMENT

(1.) The defendant is in appeal feeling aggrieved by the judgment and decree of the Trial Court, upheld by the High Court, restraining him from interfering with the possession and enjoyment of the suit schedule property by the respondent.

(2.) The plaintiff and the defendant - both have expired. Their LRs are on record. For the sake of convenience we are making reference to the original parties i.e. the plaintiff and the defendant.

(3.) The suit property, a piece of land, is situated in Arokempanahally, 36th Division. It appears that the plaintiff and the defendant both claim to be owning two adjoining pieces of land. There is a dispute as to the exact dimensions and shapes (triangular or rectangular) of the pieces of land claimed to be owned and possessed respectively by the two parties. The real dispute, it seems is about the demarcation of the boundaries of the two pieces of land. However, the fact remains, and that is relevant for our purpose, that the piece of land which forms the subject-matter of the suit is in the possession of the plaintiff respondent. The plaintiff respondent was raising construction over the piece of land in his possession, and that was obstructed by the defendant-appellant claiming that the land formed part of his property and was owned by him. The plaintiff filed a suit alleging his title as also his possession over the disputed piece of land. The trial Court found that although the plaintiff had failed in proving his title, he had succeeded in proving his possession over the suit property which he was entitled to protect unless dispossessed therefrom by due process of law. On this finding the Trial Court issued an injunction restraining the defendant-appellant from interfering with the peaceful possession and enjoyment of the plaintiff-respondent over the suit property.