ABDUL WAHAB Vs. JAVAREGOWDA

JUDGEMENT

(1.) R. S. A. itself was taken up for final disposal.

(2.) PLAINTIFF is the appellant. His suit for declaration of ownership and possession apart from mandatory injunction to pull down the construction unlawfully made by the defendant was decreed by the Trial Court including the prayer for Mandatary Injunction. But the Appellate court while confirming the decree of the Trial Court thought fit to remit the matter holding that the plaintiff will be satisfied if damages are paid by the defendant for the encroached portion. Against that order, of the first Appellate Court, plaintiff is before this Court.

(3.) THE facts of the case are The appellant filed that suit for declaration that he is the owner of the suit schedule property and for delivery of vacant possession of the suit schedule property and for mandatory injunction to pull down the construction made by the respondent in the encroached area of about 3 guntas in the land of the plaintiff-appellant in Sy. No. 17 of Sindghatta Village. The respondent is the owner of Sy. No. 16 to the north of Sy. No. 17 and in the guise of constructing a house has encroached upon the land of the plaintiff in Sy. No. 17 to an extent of 3 guntas in the Southern portion of Sy. No. 17 and this encroachment was done and the construction was made in the absence of the plaintiff.