XAVIER FERRAO Vs. THERESA FERRAO

JUDGEMENT

(1.) THE plaintiffs before the trial Court are the appellants herein and they are aggrieved by the dismissal of the suit filed by them by the trial Court and the said judgment and decree of the trial court also being affirmed by the Lower Appellate Court. The suit was initially filed by the appellants seeking the relief of permanent injunction against the respondent herein in respect of a plaint 'a' schedule property comprising Survey No. 501/8b1 measuring 0. 14 acres.

(2.) THE facts required for the purpose of this appeal, briefly stated are to the effect the appellants herein filed a suit in O. S. No. 8/1985, for permanent injunction against the defendant/respondent herein by taking up the stand that appellants are the absolute owners in possession of the suit property having acquired the same under the registered sale deed dated 19/1/1984. Later on defendant tried to interfere with the peaceful possession of the appellants' suit property and therefore, the appellants had to filed the suit as aforementioned. The respondent/defendant contested the said matter by denying the case of the appellants and also took up his stand that the boundaries mentioned in the plaint schedule property are not correct and prayed for dismissal of the said suit. The learned trial Judge has framed the following issues :

(3.) WHETHER the plaintiffs are entitled to a permanent injunction as prayed for ?