LAWS(KAR)-2019-3-411

SANJAY DSOUZA Vs. V ABDUL LATHEEF

Decided On March 15, 2019
Sanjay Dsouza Appellant
V/S
V Abdul Latheef Respondents

JUDGEMENT

(1.) This appeal of the plaintiffs arises out of judgment and decree dated 29.10.2013 passed by II Additional Senior Civil Judge, Mangalore, D.K. in RA No.48/2013. By the impugned judgment and decree, the First Appellate Court allowed the appeal of the defendant and set aside the judgment and decree passed by III Additional Civil Judge, Mangalore in OS No.531/2011. By the said judgment and decree, the trial Court had decreed the suit of the plaintiffs for permanent injunction and dismissed the counter claim of the defendant.

(2.) Subject matter of the suit in OS No.531/2011 was property bearing Survey No.9/2 measuring 28 cents situated at Kodailbail 'B' village of Mangalore City. The said property was originally granted to one B.K.Somayya. On his death on 21.01.1993, it devolved on his wife and daughter. They sold the property to one Seetharam Bhandary and Krishna Kumar Bhandary under registered sale deed dated 21.05.1997. Before the said sale they obtained permission of the Deputy Commissioner, Dakshina Kannada on 13.05.1997 for alienation as it was granted land.

(3.) According to the plaintiffs, Seetharam Bhandary bequeathed his share to one Monisha Naik. Said Monisha Naik and Krishna Kumar Bhandary sold the property to the plaintiffs under registered sale deed dated 14.03.2006. They claimed that they are in exclusive enjoyment of the suit schedule properties. They contended that with permission of the local authorities, they constructed the building, of late defendant started to interfere with their possession, therefore they seek decree of permanent injunction.