LAWS(KAR)-2015-2-168

LAKSHMI JANARDHANA Vs. VENKATARAMANA DEVAKARI

Decided On February 24, 2015
Lakshmi Janardhana Appellant
V/S
Venkataramana Devakari Respondents

JUDGEMENT

(1.) THE case of the plaintiff is that she is the widow of Late Ramaraya. That her husband and her ancestors had been in peaceful possession and enjoyment of the suit schedule properties along with other lands for many years. After his death, the first plaintiff has been in peaceful and lawful possession and enjoyment of the same. The occupancy rights was granted in her favour by the order of the Land Tribunal dated 14.08.1981.

(2.) THE present Managing Trustee of the defendant -temple who has been in inimical terms with her and her children, on making attempts to dispossess her, had sent people to disturb her and to dig the land in 'A' schedule property in the paddy field for laying a foundation for a building. When her son objected, the defendants being powerful persons continued with their acts. Hence, the instant suit was filed seeking for a decree of perpetual injunction to restrain the defendant -temple and all its people from making any construction, putting up any structure or interfering in any manner with the peaceful possession and enjoyment of plaint 'A' schedule properties and for recovery of possession of the entire survey No. 11/34A, measuring 32 cents from out of 'A' schedule properties.

(3.) BASED on the pleadings, the trial court framed the following issues for consideration: