LAXMIBAI Vs. CHOLAPPA S/O SAIBANNA DHANAGAR

JUDGEMENT

(1.) The present appellants were the defendants in O.S.No.82/2012 in the Court of learned Additional Civil Judge and JMFC, at Aland (hereinafter for brevity referred to as the 'trial Court') filed against them by the present respondent for the relief of perpetual injunction.

(2.) The summary of the case of the plaintiff in the trial Court was that, the plaintiff has purchased 5 acres 16 guntas of land in Sy.No.19/1-2-E of Ambewad village, Aland Taluk, Kalaburagi District from one Smt. Ambubai W/o Subhash Waghamare under registered sale deed dated 14.05.1992. Out of the said land, he has sold 3 acres of land to one Sri Bajirao S/o Ramaji Babre (eastern portion of the land) in the year 2007. The said Bajirao subsequently sold the same to one Smt. Haseenabee, as such, the name of said Smt. Haseenabee is appearing in the record of rights as owner in possession of 3 acres of land on eastern side of the total land of 5 acres 16 guntas. After the sale of 3 acres of land to Sri Bajirao, the plaintiff has been in exclusive possession and enjoyment of the remaining 2 acres 16 guntas of land on the western side and his name was also appearing in the revenue records under Sy.No.19/1/2-EE-P2. It is also contended by the plaintiff that the defendants are troubling him and illegally and unauthorisedly interfering in his possession. One such instance took place on 18.05.2012, when the defendants entered his land and started destroying the crop. With this, the plaintiff pleaded for relief of permanent injunction against the defendants restraining the defendants, their agents, servants and all other persons claiming through them from interfering in his peaceful possession and enjoyment over the suit schedule property.

(3.) After service of summons, the defendants appeared through their counsel and filed their written statement denying the very title of the plaintiff and his vendor. The plaintiff has not produced the title deeds of his vendor. However, they admitted that plaintiff has sold 3 acres of land to Sri Bajirao who in turn sold the same to one Smt. Haseenabee. The defendants also denied alleged interference in the alleged possession of the suit schedule property by the plaintiff.