B R SAMPATH KUMAR Vs. K PRAKASH

JUDGEMENT

(1.) THE appellant herein is the defendant in O.S. No. 24943/2008. The respondent herein had instituted the said suit seeking for a judgment and decree of permanent injunction against the defendant from interfering with the peaceful possession and enjoyment of the suit schedule property. The Court below after considering the rival contentions has decreed the suit in part to restrain the defendant from interfering with the peaceful possession of the first floor portion of the schedule property. However, liberty has also been reserved to the parties to recover possession subject to the decision of this Court in RFA. No. 396/2007. The defendant who is claiming to be aggrieved by the said judgment and decree is before this Court.

(2.) HEARD the learned counsel for the parties and perused the appeal papers. Though, there were certain disputes with regard to the property on the ground that the defendant had executed a agreement of sale in favour of the plaintiff, in my view the same does not arise for consideration in the instant appeal which arise from the judgment in O.S. No. 25943/2008 since, the Court below has proceeded on the basis that the respondent herein namely the plaintiff is claiming to be a tenant in respect of the suit schedule property. That position is not under challenge by the respondent herein. In that light, a perusal of the judgment would indicate that the Court below has framed an issue as to whether the plaintiff is in lawful possession of the suit schedule property as on the date of the suit, the said issue has been held in the affirmative. On taking note of the evidence which had been putforth by the parties, the plaintiff examined himself as PW-1 and relied on documents at Exs. P1 to P34 and defendant examined himself as DW- 1 and the documents at Ex.D1 to D31 were marked.

(3.) IN view of the disposal of the appeal, Misc. Cvl. No. 4232/11 is also disposed of.