VIDHYASAGAR Vs. GURURAJ AND ORS.

JUDGEMENT

(1.) O .S. No. 38/2006 filed by the first respondent, on 14.03.2006, in the Court of Principal Civil Judge (Jr.Dn.) at Bidar, to pass a decree of perpetual injunction against the defendants i.e., appellant and respondent No. 2 herein, in respect of suit property measuring 9 acres 32 guntas of land in Sy. No. 52/2, Islampur village, taluk Bidar, was contested by both defendants by filing separate written statements.

(2.) THE case of the plaintiff was that the suit property having been mortgaged by defendant No. 1, in favour of Canara Bank, Bidar Branch, was sold in a public auction by Debt Recovery Tribunal at Bangalore and that he being the auction purchaser, was put in possession and enjoyment, in pursuance of the sale certificate issued on 24.03.2005. It was contended that the defendants having no subsisting right, title and interest, interfered with his possession and enjoyment of suit property and the same being illegal, they be restrained by passing a decree of permanent injunction. Both defendants filed separate written statements. According to the defendants, the plaintiff is a trespasser of the suit property and that forcible possession was taken. Having regard to the pleadings of the parties, following issues were raised for trial:

(3.) WHAT decree or order -