NIRMALA Vs. NAVEEN CHHAGGAR

JUDGEMENT

(1.) This is an appeal by the defendant in O.S. No. 7026/1992 on the file of the Court of VIII Addl. City Civil Judge, Bangalore, directed against the judgment and decree dated 22.8.2000.

(2.) The suit for injunction having been decreed in favour of the plaintiff in terms of the judgment and decree, the present appeal by the defendant.

(3.) The appellant had contended that the plaintiff had miserably failed to prove his possession with regard to the suit schedule property either on the date of the sale deed dated 23.1.1985 based on which the plaintiff claimed right, title and possession to the property or on the date of filing of the suit; that the Court below could the date of filing of the suit; that the Court below could not have decreed the suit for injunction in the absence of any credible material placed by the plaintiff to establish possession in respect of the suit property; that the plaintiff was not entitled to claim that he was in possession on the date of filing of the suit even assuming that he was in possession of the property in the year 1985; that the trial Court ought to have dismissed the suit etc.