U.I. IBRAHIM Vs. B.R.BYRAPPA GOWDA

JUDGEMENT

(1.) Heard the learned counsel for the appellant. The respondent was served and entered appearance through Sri Vigneshwar S. Shastri, learned counsel and he was designated as Senior counsel and thereafter, his colleague undertaken to file vakalath for respondent and inspite of several opportunity, not filed vakalath. Now, the counsel submits that the respondent is not responding to the letter and it shows that the respondent is not interested in pursuing the matter.

(2.) The factual matrix of the case of the plaintiff before the Trial Court is that the suit schedule property measuring 2 acres of land in Sy.No.174 of Byduvalli Village of Mudigere Taluk is granted in his favour and he is in lawful possession, occupation and enjoyment of the same by cultivating cardamom. The plaintiff has fenced the above said property and the defendant, who is having no manner of title or interest over the suit schedule property, that on 13/8/1994 tried to interfere with the peaceful possession and enjoyment of the same. The illegal acts of the defendant was resisted by the plaintiff, who made an attempt to dispossess him. Hence, filed the suit for the relief of permanent injunction.

(3.) In pursuance of the suit summons, the defendant appeared and filed the written statement contending that the defendant is in possession of the suit schedule property from the last 35 years continuously, uninterruptedly, peacefully and openly to the knowledge of the whole world including the plaintiff and he is paying the kandayam and he is in possession of the suit schedule property and contend that the plaintiff is not in possession of the suit schedule property.