VINOD REDDY Vs. K.M. KRISHNA REDDY

JUDGEMENT

(1.) Challenging judgment and decree dtd. 23/1/2007 passed by Presiding Officer, Fast Track Court-II, Bangalore Rural District, Bangalore, in R.A.no.170/2003, this appeal is filed.

(2.) Brief facts as stated are, appellant was defendant no.2 in OS no.250/1994 filed by respondent no.1 (plaintiff) for permanent injunction restraining defendants, their agents, etc., from interfering with peaceful possession and enjoyment of property bearing house list no.40, khata no.26, measuring East to West - 80 ft. and North to South - 35 ft., situated at Kathiganur Village, Bidarahalli Hobli, Bengaluru South (for short 'suit property') and restrain them from constructing bathroom and toilet in it.

(3.) In plaint, it was stated, plaintiff was absolute owner of suit property, inherited from his ancestors. After death of his father, names of plaintiff and his brother were mutated in revenue records. It was stated, under family settlement deed dtd. 24/5/1993, suit property was allotted to plaintiff and since then, he was in exclusive possession. And since he was residing near suit property and had no sanitary facility, decided to put up bathroom and toilet, collected necessary materials and begun digging foundation on 18/6/1994. It was stated, without any right, title or interest over suit property defendants prevented plaintiff from proceeding with construction. When plaintiff resisted, they abused and attempted to assault him. On arrival of neighbors, defendants left, by claiming right over suit property and threatened to prevent plaintiff from construction. It was stated, defendants were residing on eastern side of suit property after road and since they were powerful and influential, plaintiff filed suit. Plaint was later amended, adding prayer for declaration of title.