CHENNIAH Vs. MAHADEVAPPA

JUDGEMENT

(1.) The appellant, having suffered a decree in OS No. 365 of 1976 on the file of the Prl. I Munsiff, Mysore, and being unsuccessful in his challenge to that decree before the Civil Judge, Mysore, 4n RA No. 55 of 1980 on the file of that Court, has preferred this second appeal questioning the correctness of the findings of those two Courts. The respondent herein was the plaintiff in the trial Court and respondent in the first appellate Court.

(2.) The plaintiff's suit was for a permanent injunction restraining the defendant from interfering with his possession and enjoyment of the suit schedule property. His case was that the plaint site bad been granted to him by the City Improvement Trust Board, Mysore (Board); that possession of the same had been banded over to him on 25 5 1975; that since then he was in peaceful possession of the same; that he was making arrangements to put up a house ; that the defendant had no manner of right, title or interest over the same ; that in spite of it he was trying to encroach upon the site and was trying to put up a shed therein ; and, therefore, was required to be restrained by an order of injunction.

(3.) In his written statement the defendant denied the plaintiff's claim that he had been granted this site, had obtained possession, and was in possession as claimed. He disputed the very identity of the site. He further pleaded that the des cription of the suit property, as given in the plaint, was incorrect; that it was not a mere site ; that there existed a structure on it; that it belonged to a certain Sharadamma; and that having obtained an usufructuary mortgage of that property on 24 11 1958, he was in possession of the same as a mortgagee.