S. RAMACHANDRAPPA Vs. SAMEENA SHARIFF

JUDGEMENT

(1.) Heard the learned counsel for the appellants. The respondents though served are not represented.

(2.) This appeal is filed by defendant Nos.2 and 3 against the judgment and decree dtd. 2/11/2009 granting the relief of permanent injunction in O.S.No.16373/2003.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that defendant No.1 is the owner of the suit schedule site which has been formed in Sy.No.93/4 measuring 1 acre 5 guntas situated in Thanisandra Village. The defendant No.1 has formed sites in Sy.No.93/4 measuring 1 acre 5 guntas and the plaintiff has purchased site No.2 described in the plaint schedule from defendant No.1 under agreement of sale dtd. 20/5/1985. The defendant No.1 has also executed general power of attorney dtd. 20/5/1985 and also affidavit in favour of the plaintiff for having delivered possession of the suit schedule property. The plaintiff is in possession of the suit schedule property from the date of agreement of sale. The defendants have no right or possession over the suit schedule property. Inspite of it, on 19/10/2003, the defendants tried to interfere with the possession of the plaintiff over the suit schedule property and hence the suit is filed for the relief of permanent injunction.