LAKSHMAMMA AND ORS. Vs. R. MUNIDASAPPA

JUDGEMENT

(1.) THIS is defendants' appeal aggrieved by the judgment and decree granted by the learned Civil Judge and confirmed by the District Court in a suit for permanent injunction filed against them by the respondent herein.

(2.) THE case is admitted to adjudicate the following question of law:

(3.) THE plaintiff filed a suit for perpetual injunction in respect of the property bearing Assessment No. 184, V.P. Katha No. 85 measuring East to West 53 feet, North to South 14 feet, Hesaraghatta village, Bengaluru North Taluk. His case was, the above property was purchased by his father and his uncle Krishnappa under the registered Sale Deed dated 28.04.1955. After oral partition held between his father and uncle, katha of the suit property was transferred to the name of his father. After the death of his father, the katha stands changed to his name. The oral partition between his father and uncle was effected 30 years back. Half of the northern portion of the property fell to the share of his father and southern portion to that of his uncle. After the partition, the brothers were residing in the property separately. After 12.08.1994, the plaintiff shifted his residence since the property was old and dilapidated. Now, the defendants are attempting to enter into the suit property without any right, title or interest.