ALAMENGADA GANAPATHI @ SURESH Vs. PORANGADA APPACHU

JUDGEMENT

(1.) The defendant has preferred this appeal aggrieved by the order date 11.10.2017 in O.S.No.30/2017 on the file of Senior Civil Judge and JMFC, Virajpet on I.A.No.3 under Order XXXIX Rules 1 and 2 of CPC. The respondent in this appeal is the plaintiff. He brought a suit for permanent injunction in respect of 1.47 acres bane land in Sy.No.101/6B of Nittoor Village, Virajpet Taluk, South Kodagu. In the plaint it is stated that the defendant's grandfather Belliappa purchased 24 cents of land in O.S.No.101/8 of Nittoor Village through a registered sale deed dated 27.10.1945. He died in the year 1974. After his death, his son Muddappa succeeded to this property. But in the land purchased by Belliappa, the plaintiff's grandfather Appaayya was already in possession having built a house and for this reason Belliappa was allowed to occupy 24 cents of land in Sy.No.101/6B of Nittoor village. This land in Sy.No.101/6B is just opposite to land in Sy.No.101/8.

(2.) In the written statement, the defendant claims to be in possession of 0.30 acres of land comprising of Godown, cattle shed and drying yard. He denies the other plaint averments.

(3.) The trial court came to the conclusion that the plaintiff was able to make out a prima facie case and that the defendant's interest was only with respect to 24 cents of land and therefore granted an order of injunction as prayed for in I.A.No.