B.N. SURENDRA Vs. SHIVASWAMY

JUDGEMENT

(1.) THE concurrent findings given by the courts below are called in question before this Court by the sole plaintiff in O.S. No. 142/98 which was on the file of Civil Judge (Jr. Dn.) & JMFC, Srirangapatna, Mandya District. The respondent herein was defendant No. 2 in the said suit which was filed for the reliefs of declaration of title and for permanent injunction in respect of a vacant site. As the said suit has been dismissed after contest on 13.7.2006, appeal filed under Section 96 of Code of Civil Procedure in R.A. No. 49/06 by the plaintiff before the Court of Prl. Civil Judge (Sr. Dn.) & JMFC, Srirangapatna was also dismissed after contest by order dated 13.8.2007. It is these concurrent findings which are called in question before this Court by filing an appeal memo under Section 106 of Code of Civil Procedure. The parties will be referred to as plaintiff and defendant as per their rankings before the trial Court.

(2.) THE facts leading to the filing of the suit in O.S. No. 142/98 are as follows:

(3.) ON the basis of the above pleadings, following issues came to be framed: