CHETANA SOMASUNDARA Vs. J. KRISHNAIAH SETTY

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree in R.A. No. 168/2006 dated 9.7.2008 on the file of the Civil Judge (Sr. Dn.)., JMFC, Devanahalli.

(2.) J . Krishnaiah Setty, the respondent herein had filed O.S. No. 13/2001 on the file of the Civil Judge (Jr. Dn.) at Devanahalli for grant of permanent injunction restraining the defendant, his agents, servants, representatives, henchmen, supporters and anybody acting on his behalf from interfering or meddling with the suit schedule property in any manner or disturbing his peaceful possession and enjoyment thereof. The suit was filed against Sri Somasundaram. The suit schedule property measures 75 ft. x 40 ft. bearing katha No. 23, Khaneshumari No. 98, situated at Sadahalli Gramatana, Kasaba Hobli, Kannamangala Village Panchayath, Devanahalli Taluk, Bangalore Rural District consisting of a small building bounded on the east by plaintiff's shop, west by vendor's site, north by road and south by road and vendor's site. It is the case of the plaintiff that he is the absolute owner and in possession of the suit schedule property having purchased the same from the father of defendant through a registered sale deed dated 25.8.1981 and he was put in possession of the said property on the date of sale deed. Katha was mutated in his name and he has been paying tax regularly to the Panchayath. After obtaining licence from the Panchayath, he constructed a small building in a portion of the suit schedule property and there is also an oil extracting unit (gana) in the suit schedule property run by him. On 17.12.2000, the defendant made hectic attempts to trespass into the suit schedule property and to interfere with his possession. He filed a complaint before the Jurisdictional Police, who refused to register the case on the ground that the dispute is of civil nature. Therefore, he has filed the suit for the aforesaid reliefs.

(3.) ON the basis of the pleadings of the parties, the trial Court has framed the following issues: