SIDDEGOWDA S/O. LATE KARIGOWDA AND OTHERS Vs. SMT. HANUMAKKA W/O. LATE C. UGRAIAH, SRI. RAMALINGAIAH S/O. LATE C. UGRAIAH AND SRI. CHALUVARAJU S/O. LATE C. UGRAIAH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree in R.A. No. 386/2011 dated 14.9.2011 on the file of the Presiding Officer, Fast Track Court -IV, Mysore, reversing the judgment and decree in O.S. No. 30/2007 dated 18.4.2011 on the file of the Second Civil Judge and JMFC, Mysore. The appellants are the defendants in the suit and the respondents are the plaintiffs. The plaintiffs filed the above suit for injunction restraining the defendants from interfering with their possession and enjoyment of the suit schedule property, namely Sy. No. 192/5, measuring 6 guntas of Koorgahalli, Ilawala Hobli, Mysore Taluk, bounded on East by Megalakoppal road, West by other portion of Sy. No. 192, South by 12 feet road (left out of land of plaintiffs) and North by remaining portion of Sy. No. 192. In order to establish their lawful possession of the property in question, the plaintiffs have produced the documents in respect of Sy. No. 192/4. Since the plaintiffs have failed to produce the documents in respect of the suit schedule property, the trial Court has dismissed the suit. The plaintiffs filed the aforesaid appeal challenging the said judgment and decree. In the appeal, the plaintiffs filed an application for amendment of survey number of the suit schedule property. The application was allowed by the Lower Appellate Court and survey number of the suit schedule property was corrected as Sy.No.192/4. All the documents produced by the plaintiffs before the trial Court were in respect of Sy. No. 192/4. On appreciation of the title deed and the other documents, the Lower Appellate Court has set aside the judgment of the trial Court and decreed the suit by granting an order of permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit schedule property.

(2.) HAVING heard the Learned Counsel for the appellants, I do not find any merit in this case. The contention of the plaintiffs is that they are the owners of the suit schedule property, namely Sy. No. 192/4, measuring 6 guntas of Koorgahalli village, Ilawala Hobli, Mysore Taluk. In order to substantiate the said contention, they have produced Ex. P.5 - Krushi Pass Book issued by the revenue authority in the name of their father Sri. C. Ugraiah. The title deed coupled with the other documents would clearly establish that C. Ugraiah, the father of the plaintiffs, was the owner and in possession of the suit schedule property and after his death, the plaintiffs have inherited to the said property. The finding of the fact recorded by the Lower Appellate Court is on appreciation of the materials on record. There is no perversity, irregularity or illegality whatsoever in those findings. The appeal does not involve any substantial questions of law. It is accordingly dismissed. No costs.