SHASHIKANTH D. SHAH Vs. R. NALINI, SMT. R. HEMALATHA, SMT. R. KALPANA AND SMT. R. SHOBHA REPRESENTED BY THEIR FATHER AND GPA HOLDER

JUDGEMENT

(1.) THESE two appeals are directed against the judgment and decree, dated 27.08.2009 passed by the Court of the XIII Additional Civil Judge, Mayohall Unit, Bangalore, in O.S. No. 16729/2002. The facts of the case in brief are that the site No. 644 of Kenchenahalli and Halige Voderahalli, Bangalore was allotted to the respondent plaintiffs by the Ideal Homes Co -operative Building Society Limited. In this regard, the said Society executed the lease -cum -sale agreement on 25.10.1989 and issued the possession certificate on 05.11.1989. Alleging that the appellant -defendant, the owner of the adjoining site bearing No. 645 was encroaching the respondents' site on the south -western side, they filed the suit seeking the relief of permanent injunction.

(2.) THE appellant filed the written statement, denying the encroachment on the respondents' site. He claims that he is in possession of the extent as shown in the sale deed executed in his favour in respect of his site bearing No. 645. The appellant also filed the counter claim seeking the relief of permanent injunction, damages, etc.

(3.) ON behalf of the respondents, four witnesses were examined, marking the documents at Exs. P1 to P21. On behalf of the appellant, his power of attorney holder was examined as DW1. Twenty one documents were marked in Ex.D series. The Secretary of the said Society Seethamma was examined as CW1, marking the documents at Exs. C1 to C10. The Trial Court decreed the suit and dismissed the counter claim. Aggrieved by this judgment, the defendant is in appeal before this Court.