VISHNUKANTHI Vs. P SHANMUGAM

JUDGEMENT

(1.) THE respondent herein was the common plaintiff (hereafter referred to as plaintiff) and the Appellant was 3rd defendant in O. S. No. 1512/91 and sole defendant in O. S. No. 5019/93 (hereinafter referred to as defendant ).

(2.) THE premises involved in the matters is a residential quarter belonging to Bangalore City Corporation, which is now Mahanagara Palike. Originally one Mari was the tenant of the same. He had two wives. One of the wife had no issues and hence he adopted the plaintiff. The defendant is the grand daughter of Mari born to the other wife. It is the case of the parties that after the death of original tenant Mari, both plaintiff and defendants lived in the suit schedule premises, in different portions.

(3.) THE plaintiff filed O. S. No. 1512/91 against the Commissioner and Deputy Revenue Officer of Bangalore City Corporation (defendants 1 and 2) and the 3rd respondent/defendant seeking junction restraining defendants 1 and 2 from registering occupancy right or conferring title deeds in respect of the suit schedule property in favour of the defendant/respondent. O. S. No. 5019/93 was filed for permanent injunction restraining the defendant from putting up construction or preventing the plaintiff from using the property in question. The defendants contested the suit. Consequently, O. S. No. 1512/91 was dismissed against defendants 1 and 2 and partly decreed restraining the defendant (defendant No. 3) from interfering with plaintiffs possession. O. S. No. 5019/93 was also decreed restraining the defendant from interfering with plaintiffs possession. Aggrieved by the same, the defendant has filed these two appeals.