S.NAGESH Vs. VIJAY KUMAR D.

JUDGEMENT

(1.) The plaintiff has filed the appeal challenging the judgment and decree dtd. 2/7/2022 passed by the Court of LXVI Add. City Civil & Sessions Judge, Bengaluru City, in O.S.No.3024/2016 (hereinafter referred to as 'Trial Court' for short), thereby, the suit filed by the plaintiff for declaration, possession, mandatory injunction and permanent injunction, is dismissed.

(2.) For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court.

(3.) It is the case of plaintiff that plaintiff's father late S. S.Shankarappa was the absolute owner of suit schedule 'A' property as having been purchased through registered sale deed dtd. 10/8/1976. After purchase of suit schedule 'A' property, plaintiff's father has constructed four commercial shops on it and same were let out on rent. The father of plaintiff died on 3/7/2011 and after the death of plaintiff's father there was registered settlement deed dtd. 26/2/2013 between plaintiff's mother and brother. As per the settlement deed, suit schedule 'A' property was fallen to the share of plaintiff. Khatha and revenue records were mutated in the name of plaintiff and he was in possession of suit schedule 'A' property since settlement deed came into effect. It is stated that plaintiff has intended to construct new commercial complex over suit schedule 'A' property by vacating the tenants and demolished three commercial shops. While in the process of constructing new commercial complex over suit schedule 'A' property and while marking the suit schedule 'A' property, plaintiff came to know that the defendant had encroached 2 x 80 feet land towards Eastern portion of the suit schedule 'A' property by constructing a compound wall and also by putting gate towards Southern side. The encroached portion to an extent of 2 x 80 feet over suit schedule 'A' property is hereby marked in suit schedule 'B' property. Further, it is pleaded that defendant has installed a transformer towards Southern side of the suit schedule 'A' property by encroaching 5 x 8 feet towards Southern side of the property and also put up a gate, which is shown as suit schedule 'C' property.