BASAVARAJ Vs. SINDHUBAI

JUDGEMENT

(1.) CONCURRENT findings are called in question by the plaintiff of an original suit bearing O.S. No. 156/2003 before this Court by filing an appeal under Section 100 of CPC. Respondents herein are the defendants in the said suit. Parties will be referred to as plaintiff and defendants as per their ranking given in the trial Court.

(2.) SUIT had been filed for the relief of declaration of title and permanent injunction in respect of an open space existing on the southern side of plaintiffs house indicated in letters 'ABCD' and suit has been dismissed after contest. The disputed open space is indicated in letters 'CDEF' of the rough sketch described in the schedule. The defendant has his house to the south of the said open space. Since the defendants started interfering with his title and possession, plaintiff chose to file a suit for the reliefs of declaration of title and permanent injunction.

(3.) DEFENDANTS have denied all the material averments found in the plaint and have called upon the plaintiff to strictly prove the contents of the plaint. It is specifically averred by them that the open space indicated in letters 'CDEF' is part and parcel of the property bearing CTS No. 3290/A held by them and that plaintiff in no way connected with the schedule property. Alternatively, it is contended that they have perfected their title by way of adverse possession and that the suit is bad for non -joinder of necessary parties. With these pleadings, they had requested for dismissal of the suit. On the basis of the above pleadings, following issues came to be framed by the trial Court.