MUNIRAJ S/O APPAYANNA; MUNIRAMU S/O ERAPPA; JAYAMMA W/O KRISHNAPPA AND ORS Vs. GIRIYAMMA W/O GOVINDAPPA; NAGAMMA D/O GOVINDAPPA; NAGEGOWDA S/O GOVINDAPPA; THIRUMALE GOWDA S/O GOVINDAPPA

JUDGEMENT

(1.) The appellants herein are the defendants No. 1 to 3 in O. S. No. 1338/2006. The suit in question was filed by the plaintiffs seeking for the relief of permanent injunction to restrain the defendants from interfering with the peaceful possession and enjoyment of the suit schedule property by the plaintiffs. The Court below after considering the rival contentions has decreed the suit by its judgment dated 29.10.2010. The defendants No. 1 to 3 claiming to be aggrieved by the same are before this Court in this appeal.

(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 case of the plaintiffs in brief is that they are the legal representatives of one Sri Govindappa who had purchased the suit schedule property from one Sri Munivenkatappa by a sale deed dated 23.10.1962. The property earlier stood in the name of Govindappa and on his death on 08.08.1988, the plaintiffs have succeeded to the property. The further case of the plaintiffs is that the suit schedule property was mortgaged by the plaintiffs in favour of Sri Munivenkatappa for a period of five years from 06.01.2001 till 23.01.2006. Though the mortgage was redeemed, the said Sri Munivenkatappa was permitted to continue in possession of the property as a lessee. It is in that context, when Sri Munivenkatappa was in possession of the property claiming under the plaintiffs, the defendants sought to interfere with the peaceful possession and enjoyment of the suit schedule property.