PUTLABAI Vs. VAIJNATH

JUDGEMENT

(1.) THIS appeal by the plaintiff is directed against the judgment and decree passed by the Court of Civil Judge (Senior Division), Sedam, in r. A. No. 140/2002, dated 25-2-2003 reversing the judgment and decree passed by the Court of Civil Judge (Junior Division), Chincholi, in O. S. No. 29 of 1978, dated 30-9-1999 and dismissing the suit of the plaintiff for injunction holding that the suit for bare injunction without seeking for declaration of title is not maintainable.

(2.) THE essential facts of the case leading upto this appeal with reference to the rank of the parties before the Trial Court are as follows.-The plaintiff filed the suit O. S. No. 29 of 1978 seeking for permanent injunction against the defendants from interfering with the peaceful possession and enjoyment of the suit schedule property by the plaintiff. The suit schedule property comprises of three items of landed properties and a house as described in para 2 of the plaint.

(3.) IT is the case of the plaintiff that Ningappa was the owner in possession of the house and the landed properties and the plaintiff was living with Ningappa. Ningappa had executed a registered Will in favour of the plaintiff on 15-9-1961 and Ningappa died in 1976 and thereafter plaintiff has continued to be in possession of the suit schedule properties. The defendants having no right, title or interest are trying to interfere with the peaceful possession and enjoyment of the suit property and wherefore the suit for bare injunction.