M.Y. KANTHARAJ Vs. KEMPAMMANNI

JUDGEMENT

(1.) THE concurrent factual findings are called in question before this Court by filing an appeal under Section 100 of Cr. P.C. The appellants were plaintiffs in O.S. No. 343/1994. The plaint had been filed by one M.Y. Kantharaja Urs. He died during the pendency of this suit before the Court of Additional Civil Judge (Jr. Dn.) & JMFC, Mandya. After his death, his wife and son have come on record. The respondents herein are defendants in the said suit. The suit came to be filed for mandatory injunction against the defendants on the ground that the defendants have encroached a portion of the suit schedule property belonging to the plaintiffs.

(2.) THE facts leading to the fling of the suit in O.S. No. 343/1994 are as following:

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