MAHADEVAPPA AND ORS. Vs. UDAY KUMAR AND ORS.

JUDGEMENT

(1.) These two second appeals were brought under Section 100 CPC from a common judgment and separate decree(s) passed by the Senior Civil Judge at Yadgir, whereby the dismissal of suit for declaration and mandatory injunction and for restoration of the property to the plaintiff was maintained and the decree for permanent injunction passed in favour of defendant No.1 was confirmed.

(2.) Defendant No.2 Mr. Mathew, was the owner of plot No.2, in land bearing Sy.No.150/1 of Yadgir (B). He entered into an agreement of sale dated 23.07.1998 in favour of the plaintiff - Mahadevappa. Sale deed of the property was executed and registered on 25.04.2000. Contending that the possession of the suit property is with the plaintiff and alleging that defendant No.1 has filed a false suit and obtained an ad-interim ex-parte order of temporary injunction and constructed a room in the said plot by taking possession by force, O.S.No.49/2000 was instituted in the Court of Civil Judge (Jr.Dn.) at Yadgiri, to pass decree of declaration that the plaintiff is the absolute owner of the suit property and restrain defendant No.1, permanently from causing obstruction to the possession of the plaintiff over the suit property and for mandatory injunction directing defendant No.1, to remove the illegal construction of room made in the suit property and for restoration of the property to the plaintiff.

(3.) Uday Kumar the defendant No.1, purchased the said plot on 15.12.1998 from defendant No.2, under a registered sale deed and his name was mutated in the municipal records. He obtained permission on 17.03.1999 to construct the house on the suit property. He commenced the construction during March 2000 and in view of obstruction caused for peaceful construction by Mahadevappa the plaintiff, a suit was instituted in the Vacation Court at Gulbarga and an ad-interim order of temporary injunction was passed. On the reopening of the Courts, the suit was transferred to the Court of Civil Judge (Jr.Dn.) at Yadgiri and registered as O.S.No.53/2000. In the said suit, decree of permanent injunction was sought against Mahadevappa i.e., the plaintiff in O.S.No.49/2000.