G. ABDUL KHAYUM S/O G. ABDUL KARIMSAB Vs. SRI ABDUL HADI S/O AMIN SAB AND MOIN S/O MOHAMMAD ABDUL @ ABDULLAH
LAWS(KAR)-2009-5-24
HIGH COURT OF KARNATAKA
Decided on May 05,2009

G. Abdul Khayum S/O G. Abdul Karimsab Appellant
VERSUS
Sri Abdul Hadi S/O Amin Sab And Moin S/O Mohammad Abdul @ Abdullah Respondents

JUDGEMENT

N.KUMAR, J. - (1.) THE appellant has challenged in this appeal the Judgment and Decree of the Lower Appellate Court, which has reversed the Decree of the trial Court and dismissed the suit of the plaintiff for bare injunction.
(2.) FOR the purpose of convenience, the parties are referred to as they are referred in the Original Suit. The case of the plaintiff is that he is in possession and enjoyment of the Bait schedule property belonging to the Government. Since more than a statutory period, he has erected a but and he is residing there with his family, members. Therefore, he has perfected his title by way of adverse possession and he has been paying tax regularly. He has approached the Tahsildar, Bellary for grant of the suit property. The defendants, who have no manner of right, title or interest over the suit property, interfered with his possession. Then, the plaintiff approached the Police. They did not give any protection. They directed him to approach the Civil Court. Therefore, he filed a suit for a Decree of Permanent Injunction, restraining the defendants from interfering with his peaceful possession and enjoyment of the suit property.
(3.) THE defendants after service of summons contended property bearing T.S. No. 1006 is adjacent to the suit property belongs to them. The plaintiff is not in possession or enjoyment of the suit property. He is residing in Jawari Street, Cowl Bazaar, Bellary. It is to grab the defendants property, he has tried to create documents. The suit property is a Government Property and the defendants are using the said property for their ingress and egress. Therefore, he has contended the plaintiff is not entitled to the relief of injunction.;


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