BHARATHBAI Vs. BABU AND ANOTHER

JUDGEMENT

(1.) THIS second appeal is by the plaintiff in O.S. No. 67/1991. Plaintiff claiming to be the owner in respect of land measuring to an extent of 2 acres 18 guntas in Sy. No. 253 of Kitta village in Basavakalyan Taluk, had filed a suit for perpetual injunction against defendants 1 to 3. The allegation is that the defendants are trying to interfere and encroach upon the subject land, though they had no right, title or interest in the subject land etc.

(2.) DEFENDANTS disputed plaint averments, filed the written statements contending that plaintiff is not the owner of 2 acres 18 guntas of land in Sy. No. 253. They also denied that they had encroached over the property of the plaintiff.

(3.) IN the wake of such pleadings, the Trial Court had framed the following issues: "(1) Whether the plaintiff proves that the defendants are trying to encroach upon his land sy. No. 253 measuring 2 acres 18 guntas towards east shown by red colour in the map? (2) Whether the defendants prove that suit is bad for nonjoinder of necessary parties? (3) Do they prove that suit is not maintainable in view of judgment and decree in O.S. No. 194/1995 on the file of Hon'ble Civil Judge (Jr. Dvn) Basavakalyan? (4) Whether the plaintiff is entitled for the relief of injunction? (5) What decree or order -