M. KENCHAIAH Vs. L.E. FERNANDES

JUDGEMENT

(1.) Heard learned counsel on both sides.

(2.) This first appeal is directed against a judgment of the learned XIV Addl. City Civil Judge, Bangalore, in Original Suit No. 3244/91. The judgment is dated 30.7.1994.

(3.) Briefly stated, the present appellant who was the defendant in O.S. No. 3244/91, is alleged to have encroached upon the plaintiff's property to the extent that the plaintiff has contended that the two structures put up by the defendant are on her property and that consequently, the same should be removed or demolished. That the plaintiff is the owner of the property in question is established beyond all doubt and the defendant is the immediate neighbour. The record also indicates that there is no boundary wall or specific demarcation separating the two properties. It is case of the defendant that he has purchased this particular property in the year 1972 and that he is in possession since then and he contends that the measurement of the property was 50 ft. X 50 ft. and if this measurement is to be accepted, it is his case that the encroachments are well within his own property.