BINNY MILLS WORKERS Vs. Y.SHANTHAMMA

JUDGEMENT

(1.) MISC .Cvl.No.9477/2009 is filed for condonation of delay of 9 days in filing the appeal. Considering the cause shown, Misc.Cvl.No.9477/2009 is allowed. Delay of 9 days is condoned.

(2.) THIS appeal is by the plaintiff against the judgment and decree in O.S.No.9980/1998. Plaintiff had sought for a decree of permanent injunction inter-alia claiming that he is in adverse possession of the suit schedule property.

(3.) THE Trial Court, on appreciation of the evidence, has held that the plaintiff has not disputed the sale of the suit schedule property and has also not disputed that Gresamma was put in possession, but it has not produced any document to show how re-possession of the property was taken back from Gresamma. In these circumstances, it held that the plaintiff had not proved the title and possession of the suit schedule property, accordingly, dismissed the suit.