BASAVARAJ SHIVARAMAGOUDA PATIL Vs. MAHESH

JUDGEMENT

(1.) THIS is a plaintiffs revision petition. The plaintiff-petitioner filed a suit in o. s. No. 377 of 1997 against the respondent-defendant for a permanent injunction restraining him from encroaching upon the suit property. He also prayed for a decree for mandatory injunction directing the defendant to restore the compound wall belonging to the plaintiff to its original condition at his cost. The suit property is a strip of land measuring 5' east to west and 124' north to south situated in between the properties of the parties.

(2.) ALONG with the plaint, the plaintiff filed an application la. I for an Order of temporary injunction. The application having been allowed, the defendant preferred an appeal against that Order in m. a. 28 of 1997. The lower appellate court, by an Order dated 19-9-1997 allowed that appeal and reversed the Order passed by the trial court. Being aggrieved by that Order, the plaintiff has preferred this revision petition.

(3.) THE plaintiffs case in brief is as follows: he purchased the property bearing c. t. s. No. 103/b3 103/b4 /b of c. t. s. ward No. 111 situated in vikas nagar, gokul road, hubli, measuring 408 and 1/9 sq. Yard from his vendor shankar in the year 1990 under a registered sale deed dated 13-3-1990 and has been in possession of the same running an auto service centre called as mahalaxmi auto service centre in the said property. The said property did not include the suit property. Since the plaintiff found that the property which he purchased from shankar under the sale deed dated 13-3-1990 was inadequate for his purposes he entered into an agreement of sale with his vendor shankar for purchasing an additional space of 5' x 124' towards the west of the plaintiffs property. The vendor executed the agreement of sale dated 10-7-1992 and put the plaintiff in possession of that additional space which is the subject matter of the agreement of sale and which is the suit property. It is alleged the plaintiff constructed a compound wall towards the western end of his property which includes the suit property along north to south and has been in possession of the entire property belonging to him.