SHIVABAI Vs. JETTAPPA

JUDGEMENT

(1.) AFTER hearing the learned counsel appearing for both the parties, this appeal is taken up for disposal at the admission stage itself.

(2.) THE appellant herein filed a suit against the defendant (respondent herein) for permanent injunction restraining the defendant from interfering with the plaintiffs possession and enjoyment of the suit schedule property. The plaintiff claimed that he is the owner in possession and enjoyment of the property bearing V.P.C. No. 77 of Kerutagi village which is a house property under open site. It is averred that plaintiff has purchased the said property from one Kalyanasingh Hanumanasingh Rajaput for valuable consideration of Rs. 15,000/ - under a registered sale deed dated 14.11.1996 by giving specific details about the situation of the said property, by giving boundaries and measurements. The plaintiff contended that he has been in possession and enjoyment of the said property and he sought permission to construct building in the suit property. In fact, permission was also granted by the competent authority. It is alleged that the defendant who has no manner of right, title and interest over the suit property has threatened the plaintiff with dire consequence of dispossessing from suit property and interfered with the plaintiffs possession and enjoyment of the property. Hence, he filed a suit for perpetual injunction.

(3.) ON the basis of the said rival pleadings, the Trial Court has proceeded to frame the following issues: