DHAGE Y LAKSHMAN Vs. NAGARATHNA BAI

JUDGEMENT

(1.) THIS second appeal by the unsuccessful plaintiffs is directed against the concurrent judgment and decree passed by the courts below dismissing the suit filed by them for declaration of title in respect of the immovable property and for mandatory injunction.

(2.) THE appellants/plaintiffs filed suit in O.S. No.1/2002 on the file of the Principal Civil Judge (Jr. Dn.), Davangere, against the respondents/defendants seeking declaration that they are the absolute owners of the suit schedule property and for mandatory injunction directing the defendants to remove the unauthorized construction put -up on the suit schedule property and to restrain the defendants by means of a permanent injunction from interfering with peaceful possession and enjoyment of the property by the plaintiffs.

(3.) THE subject matter of the suit is site No.89 measuring 30'x20' situated in Ward No.1, Jalinagar, Davangere. The plaintiffs inter alia contended that the suit schedule property was allotted by City Municipality, Davangere, in favour of Sri. Venkatesh some time during 1978 and the said Venkatesh was placed in possession of the said site; that under sale deed dated 12.07.1979 the said Venkatesh sold the suit schedule property in favour of the plaintiffs and placed them in possession of the suit schedule property; that thus, the plaintiffs are the absolute owners of the suit schedule property; that the defendants, who have no manner of right, title or interest over the same, tried to interfere with the plaintiffs' peaceful possession of the suit schedule property and by high -handed act, they trespassed into the property and put -up some illegal construction thereon with the help of an order of temporary injunction obtained by them in the suits filed by them in O.S. 612 and 613 /1999. Therefore, the plaintiffs sought for declaration of their title and also for mandatory injunction directing the defendants to remove unauthorized construction.