KEMPAIAH Vs. S.B. SHANTHARAJU

JUDGEMENT

(1.) This matter is listed for admission today. Heard the learned counsel for the appellants.

(2.) This appeal is filed challenging the judgment and decree dtd. 22/3/2017, passed in R.A.No.53/2013, on the file of the Senior Civil Judge and JMFC, Chikkanayakanahalli.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that the suit schedule property was purchased by the father of the plaintiff by name Bhyrappa from the father of the defendants Doddakempaiah under the registered sale deed dtd. 13/2/1987 and the same is being used as the backyard to store the fuel hay stock and is being used as cattle shed. The plaintiff's father died leaving behind the plaintiff, his mother Sannaranamma and other children Chandrashekaraiah, S.B. Gajendra and Krishnamurthy. So, the plaintiff and his family members are being in possession and enjoyment of the suit schedule property. After the death of his father, katha was effected in the name of the mother of the plaintiff and his brothers. There is a parapet compound wall of five feet height on the schedule property and a entrance gate wherein the plaintiff has stored fuel hay stock and agricultural operations and using as cattle shed. The documents produced by the plaintiff clearly shows the title of the plaintiff over the schedule property. Even though the defendants do not have any manner of right, title and interest over the schedule property, are trying to interfere with the plaintiff's possession and hence the suit is filed for the relief of permanent injunction.