MALLIKARJUNAIAH Vs. M. MAHADEVAIAH

JUDGEMENT

(1.) THE appellant has challenged the judgment and decree of 'the First Appellate Court, setting aside the dismissal of suit filed by the respondent and allowing his appeal by granting a decree of declaration and injunction.

(2.) THE facts reveal that the respondent instituted suit for the relief of declaration that he is the absolute owner of the suit property i.e., agricultural land bearing Sy. No. 154/5 measuring 27 guntas described in the schedule of the plaint claiming that it fell to his share in a partition. As there was an obstruction to his possession and litigations before the Revenue Authorities, he approached the Trial Court for the relief of declaration that he is the absolute owner of the suit property and also sought injunction to restrain the appellant from causing obstruction to his peaceful possession and enjoyment of the suit property.

(3.) HEARD the learned Counsel for appellant and also learned Counsel for the respondent.