VENKATESH Vs. THYAGARAJ

JUDGEMENT

(1.) Though the matter is listed for admission, by consent, the matter is taken up for final hearing.

(2.) This is the defendant's Regular Second Appeal against the judgment and decree dated 25.07.2012 passed in R.A.No.68/2010 on the file of the Principal Senior Civil Judge and CJM, Shimoga dismissing the appeal as barred by limitation, confirming the judgment and decree of the trial Court dated 13.08.2009 passed in O.S.No.488/2005 on the file of the III Additional Civil Judge, Junior Division and JMFC, Shimoga decreeing the suit for permanent injunction.

(3.) The respondent who is the plaintiff before the trial Court filed the suit for permanent injunction contending that he is the grand son of late Rajamma, wife of Lakshmana and property belongs to the said Rajamma which was granted under 'Darakasth Saguvali Chit' and he is the only heir of said Rajamma and she was cultivating the suit schedule property during her life time. She died on 09.03.2003. After her death, plaintiff being a legal heir has succeeded to her estate. Accordingly, the plaintiff is cultivating the land and in peaceful possession and enjoyment of the suit schedule property. The revenue records in respect of the property was also mutated in the name of the plaintiff. The plaintiff further contends that the defendant has no manner of right, title or interest over the suit schedule property and is trying to interfere with peaceful possession and enjoyment of the suit schedule property. He also contends that the defendant in the first week of November, 2005 tried to interfere with the possession of the suit schedule property and he resisted the interference of the defendant with the assistance of the neighbors and therefore, he was constrained to file the suit.