JOHN PEREIRA Vs. THOMAS PINTO

JUDGEMENT

(1.) THIS is Defendants' second appeal.

(2.) RESPONDENT instituted OS No.74/2000 on the file of the I Additional Civil Judge [Jr. Dn.,], Mangalore, D.K., for permanent prohibitory injunction, in respect of immovable property bearing Sy. No.105/1A1, measuring 14 cents in Bajpe Village, Mangalore Taluk, arraigning appellants as defendants 1 and 2 respectively.

(3.) THE plaintiff's case is that one Pauline Pereira, the legatee under the Will of her mother by name Christine Pereira, obtained a Judgment and Decree dated 17.9.1994 in OS No.9/1991 declaring legal and valid the Will entitling the legatee to the suit schedule property, subject matter of Will, absolutely, whereafter, she conveyed the said property to the plaintiff under sale deed dated 1.10.1996 Ex.P1 duly registered, for a valuable consideration and put the plaintiff in possession of the said property. The plaintiff alleged that the appellants interfered with the plaintiff's possession and enjoyment of the suit schedule property, the cause for institution of the suit.