BHANUMATHI Vs. BAYANNA

JUDGEMENT

(1.) THIS appeal is filed by the 3rd defendant challenging the judgment and decree dated 09.10.2006 passed in O.S.No.8127/2002 thereby decreeing the suit granting permanent injunction restraining the appellant herein and respondents 3 & 4 from interfering with the possession and enjoyment of the suit schedule properties by the plaintiffs/respondents 1 & 2 herein.

(2.) THE suit schedule properties as described in the plaint schedule are site Nos.1 & 2 formed in Sy.No.97/2, Panchayat Khaneshumari No.342/1 & 342/2 situated at Jakkur Village, Yelahanka Hobli, Bangalore North Taluk, Bangalore, measuring East to West 60' and North to South 40'. Plaintiffs claimed that they were the absolute owners in possession of the suit properties which belonged to their forefathers. After the death of the father of the plaintiffs, plaintiffs inherited the land Sy.No.97/2 and got it converted from agricultural to non - agricultural forming 37 sites. Defendants without having any manner of right, title or interest started interfering with the possession and enjoyment of the suit schedule sites by plaintiffs which was resisted.

(3.) THE 1st plaintiff examined himself as P.W.1 and got marked Exs.P1 to P9. There was no cross -examination of P.W.1. Based on the evidence on record, the Trial Court, having accepted the version of the plaintiffs, has decreed the suit for permanent injunction vide its judgment and decree dated 09.10.2006. Aggrieved by this, present appeal is filed by the 3rd defendant.