ANNAPPA PRABHU Vs. SANJEEVA SHETTY

JUDGEMENT

(1.) Annappa Prabhu and his brother Manjunatha, the defendants are in appeal.

(2.) Sanjeeva Shetty instituted a suit seeking, initially, a decree of injunction to restrain Annappa Prabhu and his brother from digging any portion of the land bearing R.S. No.25/B-3A measuring 10 cents with a view to put up any permanent structure as additional rooms to the existing residential building under their present occupation or from trespassing in any manner to the peaceful possession and enjoyment of the property by Sanjeeva Shetty.

(3.) It was his case that the suit property was acquired by him under the registered sale deed dtd. 1/3/1984 from Smt.K.Umavati and ever since he was in possession. Along with the plaint, he also produced a rough sketch and stated that as per this sketch, there was an old building in the schedule property which belonged to him and on the western corner of his property, he was running a hotel along with his son-inlaw and in the eastern corner of the suit property, Annappa Prabhu and Manjunatha were residing in the house bearing door No.5-99 for the past few years. He stated that he had permitted them to reside in the said building which had been shown as 'RH' in the rough sketch. He stated that he had permitted them to occupy the said property for a temporary period and they were thus in permissive possession and possessed no right whatsoever over the suit property.