M.S.NATARAJ Vs. S.NAGALAKSHMI

JUDGEMENT

(1.) Challenging judgment and decree dtd. 7/7/2010 passed by Senior Civil Judge, Nanjangud, in R.A.no.44/2008, this appeal is filed.

(2.) Brief facts as stated are, appellant was plaintiff filed OS no.150/2005 for permanent injunction restraining defendant no.1, her agents etc. from interfering with plaintiff's peaceful possession and enjoyment of site no.99, measuring East to West 45ft. and North to South 30ft., situated at Devirammanahalli, Nanjangud Taluk, ('suit property' for short).

(3.) In plaint, it was stated, plaintiff purchased suit property from defendant no.2, under registered sale deed dtd. 26/4/1990, executed by defendant no.3 - General Power of Attorney ('GPA' for short). Thereafter revenue records were standing in name of plaintiff, he was paying taxes regularly and was in possession. And when plaintiff visited suit property, a week prior to suit, defendant no.1 represented to plaintiff that she had purchased suit property from defendant no.2 under registered sale deed executed by defendant no.3, in 1990. On verification, he found defendant no.1 had purchased site no.100, measuring East to West 40 ft. and North to South 51 + 22/2 ft., from defendant no.2, but with boundary description similar to suit property.