BOMMAIAH Vs. MUDDAIAH

JUDGEMENT

(1.) THE appellant has challenged the judgment and decree dismissing the suit for injunction by the Trial Court and confirmed in the appeal by the First Appellate Court. The facts relevant for filing of this appeal are as under:

(2.) THE defendant has denied the averments made by the plaintiff in the suit by way of written statement and contends that the plaintiff is in possession of the property bearing No. 3445 measuring 40x16 feet and disputed his possession over the suit property. It is the specific contention that the suit site was allotted to him by the Town Municipal Council in the year 1981 and he put up the construction of a house and has been residing with his family exclusively from the year 1981 onwards. Therefore, he denied the averments made in the plaint and sought for dismissal of the suit.

(3.) THE Trial Court on the basis of the materials placed on record and after hearing the counsel for both the parties dismissed the suit. Aggrieved by the judgment and decree, the plaintiff preferred an appeal in R.A. No. 68/2008 and the First Appellate Court dismissed the appeal on merits. Aggrieved by the concurrent findings of the Courts below, present appeal is filed.