GUJJALA HULAGAPPA Vs. LAKSHMIDEVAMMA

JUDGEMENT

(1.) THIS appeal is filed by the appellant-plaintiff against the judgment and decree dated 11-12-2001 passed by the Civil Judge (Sr. Dn), Hospet in R. A. No. 50/1993 allowing the appeal and setting aside the judgment and decree dated 16-10-1993 passed by the Prl. Munsiff, hospet in O. S. No. 242/1990.

(2.) FOR convenience, parties will be referred to by their ranking before the trial Court.

(3.) THE case of the plaintiff is that he is the absolute owner in possession and enjoyment of the property bearing No. 114 (old Nos. 124 and 125) (previous Nos. 137 and 138), 20th Ward, Ukkadakeri, Hospet, Bellary district. He purchased the said property under registered sale deed dated 3-9-1975 and he has been in possession and enjoyment of the same in his own right, title and interest. He has also paid taxes regularly in respect of the suit schedule property. The first defendant illegally started constructing a pucca building without obtaining municipal license just in front and adjoining the southern compound wall of the suit schedule property just on the right side of the southern gate. Whereas, second defendant started putting up a thatched hut on the left side of the gate on 15-5-1990 despite protest by the plaintiff and members of his family. The plaintiff reported the matter to Municipality, Hospet. Thereafter, spot inspection was conducted and a notice was issued to the first defendant to remove the unauthorised construction. But the defendants continued with the construction. Therefore, he filed a suit for permanent injunction and also mandatory injunction against the defendants.