P.K. PURUSHOTHAMA Vs. H. MUNIYAPPA

JUDGEMENT

(1.) The present regular first appeal is preferred by the plaintiff assailing the legality and correctness of the judgment and decree dtd. 14/12/2022 passed in O.S. No.17372/2006 on the file of the XIII Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru (CCH-22) (hereinafter referred to as 'the Trial Court' for short). By the judgment and decree, the Trial Court dismissed the suit seeking permanent injunction.

(2.) The plaintiff instituted suit seeking a decree of permanent injunction restraining defendant Nos.1 to 4 from interfering with his peaceful possession and enjoyment of the suit property. The suit property comprises site No.80 formed out of land bearing Sy. No.119 of Laggere Village, Yeshwanthapura Hobli, Bengaluru North Taluk, now situated at Rajagopalanagar Extension measuring East-West 24 feet and North-South 33 feet (hereinafter referred to as the 'suit property' for short) as bounded as follows:

(3.) The case of the plaintiff is that he is the absolute owner and is in lawful possession of the suit property, having acquired it under a registered sale deed dtd. 10/10/2006 executed by his father, who inturn had purchased the same from the original allottee Shivaramaiah, through a General Power of Attorney and affidavit dtd. 25/2/1991. The original allottee was issued with a Hakkupatra dtd. 5/1/1973 by the Government in respect of Site No.80. It is further averred that although the Hakkupatra (original allotment) reflected the dimensions as East-West 40 feet and North-South 30 feet, the actual measurement of site No.80 and the adjacent sites was East-West 30 feet and North-South 40 feet. Due to the road formation and subsequent road widening, the North-South measurement was reduced to 33 feet. Additionally, defendant No.1 who is the owner of the adjacent site No.77 on the eastern side, encroached upon 6 feet of the suit property, thereby reducing the East-West dimension to 24 feet and North-South 33 feet. Accordingly, the plaintiff's sale deed reflects a reduced extent of east-west 24 feet and North-South 33 feet. It is averred that when the plaintiff commenced construction over the suit property, defendant Nos.1 to 4 interfered with the plaintiff's possession, Hence, the suit for injunction.