B.V.SREENIVAS Vs. PADMANABHAN

JUDGEMENT

(1.) THE unsuccessful plaintiff has filed this appeal challenging the judgment and decree by the First Appellate Court allowing the appeal of the respondent by setting aside the judgment and decree of the trial Court granted in his favour.

(2.) THE facts relevant for the purpose of this appeal are as under: The parties will be referred as per their rank before the trial Court. The appellant is the plaintiff and he instituted the suit for injunction to restrain the respondent who is the defendant in the trial Court from causing obstruction to the peaceful possession and enjoyment of the suit property which is Site No.26 measuring 45 feet x 55 feet described with the boundaries mentioned in the schedule to the plaint. Plaintiff purchased the suit property under sale deed dated 10.6.1999 through the General Power of Attorney Holder D.Parthasarathy in whose favour the owner is said to have executed the power of attorney. In pursuance of the sale deed he got entered his name in the records. On the basis of the sale deed the plaintiff claims title and said to be in possession and as there was an obstruction to his peaceful possession and enjoyment of the suit property by the defendant, he instituted the suit in the trial Court.

(3.) ON the basis of the pleadings, the trial Court framed the issues and the appellant is examined as PW1, in his evidence Exs.P1 to P7 were marked. The defendant is examined as DW1 and the witness DW2 and in the evidence Ex.D1 is marked. The trial Court after hearing the counsel for the parties and on appreciation of evidence on record decreed the suit of the appellant. Aggrieved by the judgment and decree, the defendant preferred RA No.210/01. The said appeal came to be heard and was disposed of under the impugned judgment and decree by allowing the appeal and dismissing the suit filed by the appellant. Aggrieved by the judgment and decree of the First Appellate Court, the present appeal is filed.