HONNAYYA Vs. YELLAWWA

JUDGEMENT

(1.) This is a plaintiff's second appeal aga,inst the judgment and decree dated 24-7-1972, passed by the CM1 judge, Gulba,rga, in RA No. 184 of 1970 on his file, avowing the appeal, on re,veirsing the judgment and decree dated 31-8-1970, passed by the Munsiff, Shorapur, in O.S. No. 41, of 1969 on his file and, dis-allowing the cross-objections filed by the plaintiff.

(2.) The plaintiff instituted the suit for injunction. It was resisted by the defendant. The trial Court raised the following issues as arising from the pleadings: (1) Does plaintiff prove that he is in lawful possession and enjoyment of the, suit land? (2) Doies plaintiff further prove that the defendant interfered with his possession and enjoyment since 2-4-1969? (3) To what relief the parties are entitled?

(3.) The, trial Court, appreciating the evidence on reward, neld under Issue No. 1 that the plaintiff was in lawful possesision of the, cuit land, on the date of the suit. But, it dismissed the suit holding that the plaintiff did not establish any intejrference on the part of the defspdant.