MUNIRAMAIAH Vs. D RAMASWAMY

JUDGEMENT

(1.) THE appellants herein are defendants No.2 and 3 in O.S.No.2192/1988. THE said suit was filed by the plaintiff seeking for a judgment and decree of permanent injunction against the defendants' interference with his peaceful possession and enjoyment of the suit schedule property. THE Court below after considering the rival contentions has decreed the suit by its judgment dated 26.02.2010. THE first defendant had died during the pendency of the suit which abated against him. THE defendants No.2 and 3 are therefore before this Court assailing the impugned judgment and decree.

(2.) THE parties would be referred to in the same rank as assigned to them before the Court below for the purpose of convenience and clarity.

(3.) THE plaintiff on referring to the sale deed dated 08.08.1962 under which defendant No.1 purchased his property from Nagappa and the sale deed dated 05.09.1956 contends that wrongly a larger extent is indicated. On the other hand, with reference to the revenue documents contended that the extent standing in the name of defendant No.1 is only an extent of 30 ft x 50 ft. THE essence of the further contention is that though the defendants are entitled to only an extent of 30 ft x 50 ft, they are laying claim to a larger extent of 45 ft x 90 ft and as a result are interfering with the extent of 100 ft x 38 ft owned by the plaintiff. Hence, it is contended that the attempt to put up the compound wall is within the property belonging to the plaintiff. Hence the plaintiff has filed the suit seeking for injunction.