SAROJAMMA Vs. VIDYASHANKAR

JUDGEMENT

(1.) This is the plaintiffs Regular Second Appeal against the judgment and decree dated 12/09/2013 passed in RA. No. 71/2010 on the file of the Additional Senior Civil Judge at Chikmagalur, dismissing the appeal, confirming the judgment and decree dated 24/05/2010 passed in OS No.330/2005 on the file of the 2nd Additional Civil Judge and JMFC at Chikmagalur, dismissing the suit of the plaintiff for permanent injunction.

(2.) The appellants who are the plaintiffs before the Trial Court have filed a suit for permanent injunction against the defendants in respected of suit schedule property measuring 20 x 15 feet, situated at 7th Day School Road, Aravindanagara, Basavanahalli Extension, Chikmagalur city, contending that the plaintiffs are the owners of 'A' schedule property and they are in possession and enjoyment of the 'B' schedule property. 'B' schedule property situates adjacent to the southern side of the 'A' schedule property. Defendants are the owners of 'B' schedule property. The plaintiffs have encroached 'B' schedule property and constructed a bathroom and cattle shed on the 'B' schedule property in the year 1990 and are in peaceful possession and enjoyment of 'B' schedule property without anybody's interruption. It is the further case of the plaintiffs that the defendants attempted to demolish the cattle shed and bathroom situated in 'B' schedule property. Hence the suit was filed.

(3.) The defendants filed their written statement denying the plaint averments and contended that the plaintiffs are not the absolute owners of the 'B' schedule property and defendants are the owners of the suit property by virtue of registered sale deed purced from one Venugopal and from the date of purce/the said 'B' schedule property was a vacant site and there was no construction as contended by the plaintiffs. After the purce of the said site, defendant No.2 constructed one watchman shed. The boundaries mentioned in the plaint are not correct and prays for dismissal of the suit.