SHIVAJI BABU Vs. BALIRAM SOMANNA

JUDGEMENT

(1.) This is a plaintiffs' second appeal against the concurrent findings of the Courts below.

(2.) The plaintiffs filed O.S. No. 347/J969 in the Court of the Principal Munsiff, Belgaum. The suit was for an injunction against the respondents who were the defendants, restraining them from interfering with the western wall of premises in part-1 bearing CTS. No. 184 in Belgaum City and also for preventing the defendants from obstructing the plaintiffs constructing the wall at two given points in part-4 of the same premises. Part No. 1 is the building portion in which the plaintiffs as owners are in actual possession, while Part No. 4 of the suit premises is an open site also in the actual possession of the owners, the plaintiffs. It is necessary to state that in addition to the injunction prayed for there was a prayer for a declaration that the western wall of Part No. 1 property should be declared as in the exclusive ownership of the plaintiffs.

(3.) The defendants resisted the suit claim denying totally the averments of the plaintiffs. They stated that premises bearing CTS No. 185 was owned by the joint family of .defendants, and plaintiffs had no right, title 01 interest in the said property. They further contended that the western wall was an ancient foundation wall of the defendants and it had been resting there from the very beginning and there had been no change from the very beginning in the said wall by the side of the plaintiffs' house at any time. They further alleged that the measurements given by the plaintiffs in the plaint sketch were not correct but false. However, the existence of the western wall between the property of the defendants and the plaintiffs, namely, CTS. 184 and 185 was admitted. The defendants further stated that in so far as part No. 4 the vacant site was concerned, they did not allow the plaintiffs to dig the foundation as the plaintiffs tried to encroach on their property namely, CTS. No. 185. They also denied that the plaintiffs' roof rested on the western wall and therefore the suit be dismissed.