A D NARAYANAPPA Vs. MUNIYAPPA

JUDGEMENT

(1.) Plaintiffs in Original Suit No. 379 of 1980 in the Court of the Principal Munsiff, Kolar are the appellants. They filed the suit for declaration of their title to the suit property and for permanent injunction restraining the defendants-respondents from interfering with their possession.

(2.) The suit was resisted by the defendants, contending that the plaint schedule property was sold to the minor son of the 1st defendant by virtue of the sale deed dated 3-1-1978 and that the appellants have no title to the suit property and that the 1st respondent is in possession from the date of the sale. The defendants contended that the suit is filed in order to defeat the rights of the minor son of the 1st respondent.

(3.) The Trial Court disallowed the claim for declaration of title,but decreed the suit in part by granting permanent injunction, restraining the respondents, holding that the appellants are in possession of the plaint schedule property on the date of the suit. On appeal by the respondents, the Principal Civil Judge, Kolar allowed Regular Appeal No. 41 of 1986 set aside the permanent injunction against the defendants and dismissed the suit.