SHABHANA BEGUM Vs. K RENUKA AND ORS

JUDGEMENT

(1.) The legality and correctness of the Judgment and Decree passed by the XXVIII Additional City Civil Judge, Bangalore dated 23rd December 2005 passed in O.S. No. 16236/2003 is called in question in this appeal. The appellant was defendant in the suit. She has suffered a decree in the hands of the Trial Court. Therefore, the present appeal is filed.

(2.) The respondents/plaintiffs filed the suit to declare that 15 feet wide road to the east of 'A' schedule property described as Schedule 'B' is a common road for both plaintiffs and defendant and for a perpetual injunction restraining the appellant/defendant herein from encroaching any portion of the road. According to the plaint averments, the plaintiffs are the owner of House Site No.31, Khatha No.132 situated at Annasandrapalya, Vibhuthipura Dhakle, K.R. Pura Hobli, Bangalore East, which was purchased by them from one Smt. S. Vasanthi under a registered sale deed dated 17.06.1998 and Vasanthi in turn has purchased the same from its previous owner by name Syed Akthar under a registered sale deed dated 01.02.1993. In all the sale deeds, the eastern boundary of the plaintiffs property is shown as road and that the defendant who has also purchased site No.29 from Syed Akthar under a registered sale deed dated 20th March 2003, trying to encroach upon the road which is to the east of the plaintiffs' property. Therefore, she filed the suit.

(3.) The defendant contested the suit on the ground that she is the owner of the disputed area and the same cannot be termed as a portion of the road and that she had purchased the property from Syed Akthar measuring 25 feet x 55 feet and she never made an attempt to encroach the alleged road. According to her, there is no road in existence towards the east of the plaintiffs property.