B. DYAVALINGAIAH Vs. SHIVARUDRAMMA

JUDGEMENT

(1.) THE appellant is before this Court assailing the concurrent judgments rendered by the Courts below. The respondent herein instituted the suit in O.S. No. 228/1994 seeking for the relief of permanent injunction.

(2.) THE case of the plaintiff is that she is the absolute owner in possession and enjoyment of the suit schedule property. Reference is made in the plaint with regard to manner in which such right has been claimed and to indicate that the properties stood in the name of the husband of the plaintiff in the revenue records. The plaintiff therefore contended that she is in possession of the said properties, but the defendant without any manner of right is seeking to interfere with her possession.

(3.) THE trial Court on taking note of the rival contentions framed as many as four issues for its consideration. The suit being one for bare injunction, the burden was cast on the plaintiff to prove that she was in possession and enjoyment of the suit properties as on the date of filing the suit and as to whether the defendant was interfering with her possession.