RAJEGOWDA Vs. M K KEMPEGOWDA

JUDGEMENT

(1.) The defendants have filed this regular second appeal against the judgment and decree dated 11th July 2014 made in R.A. No. 81/2013 on the file of the Principal Senior Civil Judge & CJM., Mandya reversing the judgment and decree dated 11th June, 2013 made in O.S.No.102/2008 on the file of the Additional Civil Judge & JMFC., Mandya dismissing the suit for permanent injunction.

(2.) The respondent, who is the plaintiff before the trial Court filed O.S.No.102/2008 against the present appellants-defendants for permanent injunction in respect of suit bearing Sy.No.10/P-7 measuring 25 guntas situated in Hodaghatta village, Basaralu Hobli, Mandya Taluk morefully described in the schedule contending that he is the owner and in possession of the suit schedule property having purchased under a registered sale deed dated 28.6.2004 and in pursuance of the said registered sale deed, mutation was also effected in the name of the plaintiff under M.R.No.22/05-06 and there are ten coconut trees standing in the suit schedule property and the defendants have no manner of right, title or interest muchless possession over the suit schedule property. It is the case of the plaintiff that defendant No.2 is none other than the son of defendant No.1 and defendant No.3 is none other than the son-in-law of defendant No.1 and they have made an attempt to interfere with his possession and hence, he was constrained to file the suit.

(3.) The appellants-defendants filed the written statement denying the entire plaint averments contending that defendant No.3 is the absolute owner and lawful possession of 1 acre of land in Sy.No.153 measuring 2 acres 1 ½ guntas of land in Sy.No.155 and another bit of land measuring 2.27 guntas situated on the western side of Sy.No.153. They purchased the said 2 acres 1 ½ guntas of property bearing old Sy.No. 10 of Hodaghatta village and 1 acre of land bearing Sy.No.153/P1 from its previous owners by name Honnegowda, H. Jayaraju and H. Thimmaraju of M. Honnenahalli village under the registered sale deed dated 12.12.2003 and the said property is now described in the plaint schedule, lies within the said items of properties purchased by the 3rd defendant and that Sy.No.10 of Hodaghatta village was a gomal land measuring more than 90 acres and after the purchase of the properties by the defendants under the registered sale deed, they have put up irrigation well in the aforesaid land and installed pumpset with electricity connection and farm house in Sy.No.155. They have also put up a fence around these bits of lands and they are running upto Halla portion on the east and they have raised coconut trees in Sy.No.155 and have spent huge amount to improve their lands and they are the absolute owners and in lawful possession of the suit schedule property and the remaining portion and hence, the suit of the plaintiff is not maintainable for bare injunction without possession, etc., and prayed for dismissal of the suit.