RAGHAVENDRA RAO Vs. DODDA RAMALINGAPPA

JUDGEMENT

(1.) This appeal by the plaintiff is preferred against the judgment and decree dated 31-3-1977 passed by the Civil Judge, Raichur, in R.A. No. 121 of 1975 affirming the decree dated 28-8-1975 passed by the Munsiff, Raichur, in O.S. No. 144 of 1973.

(2.) The appellant filed the aforesaid suit for a permanent injunction restraining the defendants-respondents from interfering with his peaceful possession of the land bearing Survey No. 322 measuring 18 acres 19 guntas assessed at Rs. 25-72 situated at Kadlur village, Raichur Taluk, extending up to the public road towards south. The plaintiff s case was that he was the owner in possession of the land bearing S. No. 322. The further case of the plaintiff was that the defendants disputed the possession of the suit land to the extent of 1 acre 5 guntas abutting the road on the south. The defendants resisted the suit. On the basis of the pleadings, the trial Court framed the following issues :

(3.) Having regard to the contentions urged on both sides, the following point arises for consideration : Having regard to the finding recorded by the lower appellate Court that the plaintiff is in possession of an extent of 1 acre 5 guntas abutting the road towards the south and the said area forms part of the land S. No 317 belonging to the defendants, whether the courts below are justified in refusing to grant a decree for permanent injunction to protect the possession ot the plaintiff.