MOHAMMED HUSSAIN Vs. RAMAKRISHNA AND ORS.

JUDGEMENT

(1.) Petitioner is the defendant in O.S. No. 9403 of 2006. Being aggrieved by the order dated 7-11-2014 allowing I.A. No. 16 filed under Order 26, Rule 9 of Civil Procedure Code, 1908, the present writ petition has been filed. Respondents herein filed a suit seeking for permanent injunction restraining the defendant from interfering with their peaceful possession and enjoyment of the suit schedule property and also mandatory injunction against the defendant to demolish the building already constructed in the suit schedule property.

(2.) The case of the plaintiffs is that they are the absolute owners of 30 guntas of land in Sy. No. 26/3A situated in Nagavara Village. However, the defendant, on the guise of purchase of land measuring 40 x 60 feet interfered with their peaceful possession and constructed a building in their absence.

(3.) The contesting defendant filed a written statement, denying the averments made in the plaint and also contended that as per the registered sale deed dated 19-6-1998, he purchased the land and constructed the building in accordance with law and sought for dismissal of the suit.