BASHU SAHEB Vs. VEERANAGOUDA

JUDGEMENT

(1.) THE appellants were the plaintiffs 1 and 2 and first respondent was the defendant in the suit before the Trial Court. For the sake of convenience, the parties are referred to as per their rank in the Trial Court.

(2.) THE plaintiffs filed the suit for permanent injunction restraining the defendant from constructing his house within the area of 20' on the Northern side of their houses. According to the plaintiffs, there is a road of 20' width on the Northern, side of their properties and the plaintiffs were using the same since a long time. Since the defendant started construction on the said road by leaving only 4', the suit was filed against the defendant. The defendant resisted the suit. In the written statement filed, the defendant denied the plaint averments and questioned the locus standi of the plaintiffs to file the suit. Denying the encroachment alleged by the plaintiffs, the defendant prayed for dismissal of the suit. On the basis of the pleadings the Trial Court framed issues and went for trial. Parties adduced evidence and produced documents in support of their respective case. Upon consideration of the material brought on record, the Trial Court decreed the suit and the defendant was restrained by way of permanent injunction from constructing any structure upon the disputed area. In the appeal filed by the defendant against the judgment and decree of the Trial Court, the first Appellate Court set aside the judgment and decree of the Trial Court and dismissed the suit. Being aggrieved by the same the plaintiffs have filed this second appeal.

(3.) IN this case the ADLR Lasminarasimha, who was the Court Commissioner and examined as d. W. 4, submitted his report as per Ex. D. 4. While considering his evidence and the report, the trial Court has at page 8 of its judgment has held as under.-