ANJINAMMA Vs. G.LAKSHMI

JUDGEMENT

(1.) The captioned second appeal is filed by the unsuccessful defendant who is questioning the concurrent findings of the Courts below in granting injunction and thereby restraining the defendant herein from interfering with plaintiff's peaceful possession and enjoyment over the suit schedule property.

(2.) For the sake of brevity, the parties are referred to as per their rank before the Trial Court.

(3.) The subject matter of the suit is site No.40 situated at Ward No.20, Tumakuru Town measuring 30x40 feet. The plaintiff has specifically pleaded that suit site is part of an approved layout allotted to one Smt. Narasahanumakka W/o late Chikkarangaiah under resolution dtd. 25/1/1979. The plaintiff further pleaded that Narasahanumakka who was the absolute owner of suit site sold the same in favour of her daughter Rangamma W/o Gangahanumaiah. The said Rangamma who acquired right and title under registered sale deed gifted the property to the present plaintiff who is none other than the daughter of the said Rangamma. The plaintiff contended that the defendant has purchased site No.42 which is situated towards Eastern side of the suit schedule property. The present suit for injunction is filed alleging that defendant tried to encroach by digging the foundation on the Eastern side of the suit schedule property by attempting to encroach over the suit schedule property.