BABU JINNAPPA NAIK Vs. TANIBAI BABU YADAV

JUDGEMENT

(1.) DEFENDANT in Original Suit bearing No.57/2008, which was pending on the file of the Court of Principal Civil Judge and JMFC, Chikodi is before this Court by means of an appeal under Section 100 of CPC. He is aggrieved by the concurrent findings of the trial Court as well as the First Appellate Court in R.A.No.13/2011. The respondent herein was the plaintiff in the said suit. Parties will be referred to as plaintiff and defendant.

(2.) ARGUMENTS have been heard from the learned Counsel for the appellant in regard to the admission of the matter in question. Plaintiff had filed a suit for the relief of permanent injunction in respect of his old house with open space bearing VPC No.967 of Bhoj village, Chikodi Taluk. The said property is stated to be bounded on the east by open space belonging to the defendant, west road, south property of one Nayak family and north property VPC Nos. 965, 966 and 971. According to the plaintiff, suit property measures East -West 15', South -North 20' -3'. The plaintiff had filed a suit on the ground that the suit schedule property is the ancestral property of her husband and after his death, she has inherited the same and she is stated to be in enjoyment of the same. The defendant, who has his property in VPC No.972 on the western side has made attempts to obstruct her peaceful and lawful possession. In spite of her attempts to convince him not to interfere with her possession, the defendant did not stop interference and as such, she had to file a suit for relief of permanent injunction.

(3.) THE defendant had filed detailed written statement denying the case put forth by the plaintiff. According to the defendant, he has purchased the house and open space bearing VPC No.972 under registered sale deed dated 23.08.2004, which consists of two parts house and open space totally measuring East -West 83 -ft and South -North 26 -ft and old house measures East -West 11.2 ft. and South -North 26.2ft. Since the date of sale deed, he is stated to be in possession of the said property. According to him, property bearing VPC No.967 is not at all in existence near his property and plaintiff is stated to have filed a suit to grab the said open space absolutely belonging to him. He had requested for dismissal of the suit. Plaintiff, in order to explain her case, had appended a hand sketch to the plaint. The contents of the said hand sketch had been specifically denied. On the basis of the above pleadings, following issues had been framed: