KIRLOSKAR SYSTEMS LTD Vs. SYED IQBAL AHMED,

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree, dated 30.06.2008 passed by the Court of the XXXIX Additional City Civil Judge, Bangalore in O.S.No.986/2004.

(2.) THE case of the respondent plaintiff in brief is that he purchased the plaint schedule property by a registered sale deed, dated 06.05.1993 (10.06.1993) from Smt.Puttamma, Shivashankar and Krishnappa, represented by their general power of attorney holder. He claims that on purchasing it, he got his name mutated in the records and that as of now the khata also stands in his name. In the said sale deed, the property belonging to Kirloskar Asia Limited (presently Kirloskar Systems) is shown on the eastern boundary of the plaint schedule property. Alleging that the appellant defendant was encroaching on the plaint schedule property beyond its western boundary, he filed the suit seeking the relief of permanent injunction.

(3.) THE appellant defendant filed the written statement denying the plaint averments and allegations. The appellant stated that the respondent has no subsisting right, title or interest over the plaint schedule property. Based on the rival pleadings, the Trial Court formulated the following issues: