NAGARATHNAMMA Vs. C.R. NAGENDRA

JUDGEMENT

(1.) THE defendant in O.S. No. 442/2008 has preferred this second appeal, assailing the judgment and decree in R.A. No. 65/2012 by the Principal Senior Civil Judge of Chikamagalur dated 11.03.2014, confirming the judgment and decree of the First Additional Civil Judge and JMFC, Chikamagalur dated 03.04.2012 in O.S. No. 442/2008.

(2.) FOR the sake of convenience, the parties shall be referred to, in terms of their status before the trial court.

(3.) IT is the case of the plaintiff that the said property was purchased by him from the husband of the defendant under a registered sale deed dated 13.05.1994, and since then the plaintiff was in possession and occupation of the building measuring 573.77 sq.ft., constructed after obtaining licence from the City Municipal Council, Chikmagalur and Chikmagalur Development Authority, Chikmagalur. Towards Western side of the building, the plaintiff had left vacant space. Beyond the western side of the suit property, defendant's property is situated. Beyond southern boundary of the suit property, there is a 'oni' (a narrow lane) wherein, the plaintiff had right to make use of it and he had right to lay pipes to connect to underground drainage and he also had right to keep open the windows of the building for free flow of light and air from the portion left as oni. That the defendant or her children had no right, title or interest in the suit property after it was sold to the plaintiff under a registered sale deed dated 13.05.1994. But inspite of that defendant, her children and relatives tried to interfere with the hind portion of the property measuring 11 x 26 feet and tried to encroach on that portion. That on 27.11.2008, defendant tried to interfere with plaintiffs possession and caused acts of waste and damage, but the plaintiff was able to prevent the same. In the circumstances, plaintiff filed a suit claiming decree of permanent injunction restraining the defendant and others from trespassing into the suit property and causing any acts of waste and damage.