H.S. PUTTASWAMY GOWDA Vs. H.S. VASUDEVA

JUDGEMENT

(1.) The captioned second appeal is filed by the unsuccessful defendant, who has questioned the concurrent findings of both the Courts, wherein plaintiff's suit for injunction simpliciter in respect of Sy. No.574/3 measuring 38 guntas is decreed and defendant herein is restrained from interfering with the plaintiff's peaceful possession and enjoyment over the suit land. These concurrent judgements are challenged by the defendant.

(2.) For the sake of brevity, the parties are referred as they are ranked before the Trial Court.

(3.) Brief facts leading to the case are as under; The plaintiff has instituted the present suit in O.S.No.474/2012 alleging that 38 guntas in Sy. No.574/3 was allotted to him in the family partition and that post partition, he has become absolute owner and is in exclusive possession of 38 guntas in Sy. No.574/3. The plaintiff has also contended that mutation was effected and oral partition in the family is acted upon and lands allotted to his share are indicated in the mutation records in his favour. Alleging that the defendant is interfering with his peaceful possession, the present suit is filed.