PUNDI CHANNABASAPPA Vs. PUNDI PAMPANNA

JUDGEMENT

(1.) DIVERGENT judgment passed by the learned Civil Judge (Sr.Dn.), Kudligi, of Bellary district, in R.A.No.6/2009 is called in question by the plaintiffs of an original suit bearing O.S.No.81/2006 which was pending on the file of the Court of Civil Judge (Jr.Dn.) & JMFC, Sandur. Respondent is the sole defendant in the said suit. Parties will be referred to as plaintiffs 1 to 4 and defendant as per their ranking given in the trial Court.

(2.) CLAIMING themselves to be in lawful possession and enjoyment of the suit schedule property after having inherited the same from their forefathers, plaintiffs chose to file a suit for the relief of permanent injunction in respect of 4.4 acres 50 cents of land in Sy.No.422/A1 of Kurekuppa Village, Sandur Taluk, Bellary district. According to them, the defendant has no manner of right, title or interest or possession over the suit schedule property. Since the defendant started interfering with their possession, they had to file a suit for the relief of permanent injunction.

(3.) SUIT was resisted by the defendant on various grounds. Defendant has chosen to deny all the material averments found in the plaint and has even asserted that he has been in lawful possession and enjoyment of the suit schedule property on his own title and that it is his ancestral property. He is stated to be in possession for more than 40 years. According to him, his name finds a place in Col.No.9 and 12 of RTC right from 1979 and that the plaintiffs chose to challenge the same, just few months prior to the filing of the suit. According to him, the suit itself is not maintainable for the relief of permanent injunction without seeking the relief of declaration.