R. SHANKAR Vs. S. HASTIMAL JAIN

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel for the appellant.

(2.) This second appeal is filed against the concurrent finding.

(3.) The factual matrix of the case of the plaintiff before the Trial Court while seeking the relief of permanent injunction, it is contended that suit schedule 'A' property is purchased by the plaintiff's father on 3/5/1973 and the defendant is interfering with the peaceful possession and enjoyment of the suit schedule 'B' property. The suit schedule property is located in Gundlupet Town, which is morefully described in the schedule. It includes RCC building in the northern portion measuring 36 feet east-west and 48 feet north-south and vacant site in the southern portion measuring 45 feet east-west and 37 feet north-south. The western portion includes RCC building measuring 25 feet east-west and 37 feet north-south. These properties belongs to the plaintiff. The plaintiff has been in possession and enjoyment of the suit schedule property properties from the date of purchasing of the suit schedule property. After the death of his father, the plaintiff continued the possession and enjoyment over the suit schedule properties. The plaintiff is the absolute owner of the suit schedule properties and he is in peaceful possession and enjoyment of the same and no one else has any right over the suit schedule properties. The defendant attempted to encroach on the eastern portion of the plaint 'B' schedule property and unlawfully tried to construct a building and the same is resisted and hence filed the suit for the relief of bare injunction.