H N SRINIVASA Vs. K V RAMEGOWDA

JUDGEMENT

(1.) THE appellant was the plaintiff in O. S. No. 47 of 1992 on the file of Civil Judge (Senior division), Srirangapatna. Respondent was the defendant in the suit. Plaintiff filed the suit to declare him as the owner of the suit property and to grant him permanent injunction restraining the defendant, his agents or anybody claiming under him from interfering with his peaceful possession and enjoyment of the suit property and to grant a mandatory injunction directing the defendant to demolish the construction on an area demarcated as 'mnop' in the suit sketch and to direct the defendant to deliver the same.

(2.) SINCE a short question is involved in this appeal, it is not necessary to give the details of pleadings and issues and the evidence let in by the parties.

(3.) ACCORDING to the plaintiff, he is the owner of the suit property. The defendant is the neighbour of the plaintiff. Since the defendant has encroached the portion measuring 15' x 45' marked as 'mnop' in the suit sketch, he requested the Court to declare him as the owner of the suit property and direct the defendant to remove the encroached portion of the plaintiffs property and put the plaintiff in possession of the encroached area and also to grant relief of injunction.