SHAIK ABDUL KHADER Vs. F ABDUL KHALEELAHMED

JUDGEMENT

(1.) This appeal is filed by the appellants/Defendants challenging the, judgment and decree dated 30.06.2006 in R.A.No.12/2006 by the Additional Civil Judge (Sr. Dn) Raichur.

(2.) For the sake of convenience the parties have been referred as their ranking before the trial Court.

(3.) The case of the plaintiff is that, plaintiff is the absolute owner and in possession of the suit property bearing Municipal No.11-3-89/ (Old) and 11-3- 106 (new) measuring 50' x 50' situated at Brestwarpet, Raichur. The plaintiff has purchased this property through a registered sale deed dated 03.07.1993. The vendor of the plaintiff conveyed an open passage measuring 16.06 feet in width and 22.06 feet in length for better utilization of the suit property. The said passage is in exclusive possession and use of the plaintiff. After the purchase of the property the plaintiff has put up construction over it. The plaintiff has no other way to reach his property except the suit passage. No other person has got any right, title or interest over it. It is further case of the plaintiff that, towards the eastern side of the suit passage property, the property of defendant No.1 is situated. Western Wall of the house of the Defendant No.1 separates the suit passage and the property of the defendant No.1. The defendant No.1 has his way towards the eastern side of his property. The defendant No.1 has let out property bearing Municipal No.11-3-75 to Defendant No.2 and the defendant No.3 who are running fruit shop. A portion of the western Wall of the house of the defendant No.1 which is adjacent to the suit passage has fallen down and a kind of way is created. So as to make it possible for the defendant No.1 and his tenants to enter into the suit passage. Taking advantage of the above fact the defendants are making use of suit passage to which they are not entitled. The defendants are thereby interfering in the exclusive possession and use of the passage. Hence, he has filed suit for injunction against the defendants.