HEMAVATHI Vs. PACHAIYAPPAN

JUDGEMENT

(1.) This appeal is filed by the first defendant in O S No.247/2004 on the file of IX Additional City Civil & Sessions Judge, at Bangalore (CCH No.5). The said suit was filed by first respondent herein for the relief of declaration that the he is the absolute owner of 'B' schedule property, for direction to the defendants to remove unauthorized construction put up on 'B' schedule property by means of mandatory injunction and also for direction to put the plaintiff in vacant possession of the said property and for permanent injunction. The respondents 2 & 3 were defendants 2 & 3 before the trial court. The court below has decreed the suit by the judgment and decree dated 07.01.2012. Being aggrieved, the present appeal is filed.

(2.) The parties would be referred to with reference to their rank before the court below for the sake of convenience.

(3.) The facts to be stated in brief are that plaintiff claimed to be the absolute owner of property No.226/A measuring East to West 25' and North to South 11.6' (287.50 sq. ft.,), described in 'A' schedule property having got the same by allotment from defendant No.3 and possession certificate dated 23.11.2001 came to be issued and also registered lease cum sale deed dated 24.8.2001 came into being. It is stated, on the northern side of 'A' schedule property, there exists site No.225 allotted to the second defendant. There is no existence of site No.225/A on any side of 'A' schedule property. The first defendant is illegally in occupation of site No.225/A without any right, title or interest and encroached a portion of 'A' schedule property to the extent measuring 1.5' x 15' which is described as 'B' schedule property. Even prior to the allotment, plaintiff had put up residential construction in 'A' schedule property towards eastern side and left 'B' schedule property portion towards western side to lay a waterline and sewerage line.