SAROJA Vs. SHANTHAMMA

JUDGEMENT

(1.) LEGAL representatives of deceased defendant Chikkarangaiah are before this Court by filing an appeal under Section 100 of CPC. Respondent herein is the lone plaintiff in the suit bearing O.S. 182/1994 which was pending on the file of Court of Civil Judge (Jr.Dn.) & JMFC, Hoskote.

(2.) PARTIES will be referred to as per their ranking before the Trial Court.

(3.) ACCORDING to the plaintiff, defendant is the absolute owner of the suit schedule property and this is part and parcel of the larger site belonging to the defendant. Plaintiff is stated to have put up construction on a mistaken identity on the property of the defendant. She came to know that property over which she had put up house belonged to defendant only, when construction was almost completed. According to the plaintiff, defendant had agreed to pay entire cost borne by her to put up construction and she shall hand over the possession to the defendant. Since defendant did not keep up his words in accordance with the agreement dated 1.11.1992 and since defendant tried to interfere with the possession, she was forced to file a suit for the relief of permanent injunction.