KRISHNAMOORTHY Vs. VEERABADRA GRAMINI(DECEASED)

JUDGEMENT

(1.) The plaintiff in O.S.No.461 of 1990 is the appellant in the second appeal. Initially, the said suit was laid on 06.11.1990 for declaration and permanent injunction in respect of the suit schedule property. Later, the relief was amended for recovery of possession alleging that pending suit, the defendant with the help of his henchmen on 01.07.2000 illegally and high handedly trespassed into the suit property and forcibly taken possession of the suit property. The trial Court has allowed the suit as prayed. Hence, the present second appeal.

(2.) Gist of the plaint averments:

(3.) The cause of action for the suit has been shown as 29.05.1990, the date on which the suit property was purchased by the plaintiff and on 03.07.1990, the date of the alleged attempt of trespass by the defendant. Later, Interlocutory application in I.A.No.574 of 2000 was ordered on 16.10.2000 and the plaint has been amended. As per the amended plaint, it is averred that on 01.07.2000, pending suit, the defendant with the help of his henchmen had illegally trespassed into the suit property and forcibly taken possession of the suit property together with casuarina tree of 3 years old in item No.2. Therefore, as a lawful owner of the property, he is entitled for possession of the suit property. Hence, the prayer for permanent injunction has been substituted with the relief of directing the defendant to deliver possession of the suit property to the plaintiff.