A V N PRASAD Vs. SITABAI RAJ PUROHIT

JUDGEMENT

(1.) EVEN though the matter is listed for admission, with consent, it is taken up for final hearing.

(2.) DURING the course of this judgment, the parties would be referred to with reference to their rankings in the trial Court.

(3.) THE plaintiff has filed the suit against the defendant seeking relief of declaration to the effect that he is the owner of the suit property measuring 1' x 6" north south and 67' east-west and for possession of the same from the defendant: and also for the relief of mandatory injunction directing her to remove the construction which is put up on the suit property. It is the case of the plaintiff that he is the owner in possession of the house bearing municipal No. 7/6/224 situate at Jawahar nagar, K. H. B. Colony, Raichur. The said property was allotted by the Karnataka Housing Board (for short 'khb') in his favour on lease cum sale basis. He has put up a construction. The house has been constructed by the plaintiff on site bearing No. 5 allotted by the KHB. The defendant has been allotted a house constructed on site No. 4. The house of the defendant is situate on the southern side of the plaintiff's house. In the month of November, 1984 the defendant constructed a compound wall and a garage encroaching an area to the extent of 1' x 6" north south and 67' east-went. It is the case of the plaintiff that the said strip of plot would belong to him and is a part of site No. 5 allotted by the KHB. Since the defendant refused to remove the construction made on the suit property belonging to the plaintiff, the present suit is filed.