M VENKATARAYAPPA Vs. B V LAKSHMI NARAYANA

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 20-9-1978 of the Civil Judge, Chick- ballapur, in R.A. No.73 of 1978 on his file. The said R.A., had been preferred by these appellants, who were defendants in O. S. No. 1772 on the file of the Munsiff, Chiikballpur, against the judgment and decree dated 14-2-1978 of the Munsiff in that suit. The respondent herein was the plaintiff in the said suit.

(2.) The plaintiff's claim in the suit was for a permanent injunction against these defendants restraining them from interfering with his possession and enjoyment of the suit land The trial court ganted a decree as sought for. The first appellate court has confirmed "the same.

(3.) A few facts which are not in dispute may be stated. Sy. Nos. 107 and 106, adjoining each other, of village Honnenahalli, Chickballapur Tk, originally belonged to the joint family of three coparceners - brothers, Dodda Subbiah, Nadipi Subbiah and Chikka Subbiah. Sy. No. 107 measures 25 guntas and Sy. No. 106, 9 guntas, the total being 34 guntas. This block of land spearing length-wise north to south, came to be divided amongst the three brothers into three portions. The northern most portion fell to the share of the youngest, Chikka Subbiah and the southern portion fell to the share of the eldest, Dodda Subbiah and the middle portion fell to the share of Nadipi Subbiah. In this connection we have a registered partition deed of the year 1958. The plaintiff has purchased on 2-1-1971 Chikka Subbiah's share and the 4th defendant has purchased on 14-2-1971 the shares of the other two brothers. These transactions are evidenced by registered sale-deeds. After the sale-deed dated 2-1-1971 the plaintiff has also obtained a rectification deed on 10-2-1971 in view of the fact that in the original sale-deed survey numbers had not been correctly mentioned.