MANUEL DE SOUZA Vs. JOVITO GONZAGA AFONSO

JUDGEMENT

(1.) Rule. By consent heard forthwith.

(2.) The defendant in Regular Civil Suit No. 9/93 against whom an injunction order was issued on 17.6.1994 by the lower Appel 1 ate Court restraining him from interfering with possession of the plaintiff of the suit property is the petitioner herein. The allegation against the defendant in the suit is that on 24.12.1992 the plaintiff arranged lalerite stones in the form of a wall along the northern boundary of the suit plot which belonged to him. When he visited the suit plot on 10.1.1993 he noticed that the defendant has dismantled the stone wall in length of about 3 meters and also dumped some mud so that the same appears like access through the suit property of the defendant to go to his plot which is lying on the northern side. The plaintiff states that the defendant has no manner of right, title or interest in the suit property and therefore he sought a permanent injunction to restrain the defendant from interfering in the suit property.

(3.) The trial Court, though, dismissed the application of injunction filed by the plaintiff, the lower appellate Court ordered injunction against the defendant. Asserting his right, the plaintiff claims that the defendant's plot No.C-11 in the plan annexed has an internal road and that the right of the defendant is confined exclusively to the Plot No.C-11 in the plan and the defendant has no right, title or interest in the other part of La Citadel Colony or open space or any part of the suit property including the suit property. It is the case of the plaintiff that the defendant has constructed a house in the year 1989 in Plot No. C-11 and is running a bar and restaurant for the last about nine months from the date of the suit. It is the further case of the plaintiff that La Citadel Colony has reserved open space as in the sketch section 9 fenced with barbed wire. This barbed wire was removed by the defendant with the intention to make the open space an access to the bar and restaurant through the suit plot. Regarding the suit plot, the plaintiff claims, that he is an exclusive owner and no other person has any right, title or interest whatsoever to use the suit plot or any part thereof or the access and/or any other property. Therefore he prays for an injunction.