NAVIN SINHA, J. - (1.) The plaintiffs are in appeal against the concurrent findings by two courts, rejecting their plaint seeking the relief for permanent injunction. The suit was initially dismissed. R.F.A. No. 116/1990 preferred by the appellants was allowed by the High Court. The order was set aside by this court in C.A. No. 2072/2000 on 22.07.2004 and the matter was remanded to the High Court.
(2.) Mr. Basava Prabhu S. Patil, learned senior counsel appearing on behalf of the appellants, submits that the respondents had no concern with the suit property no. 44/6, ad measuring 90 ft. x 110 ft. situated on the J. C. Road in Bangalore. The respondents were the owner of property bearing no. 42, at a distance of 103 ft., with intervening properties also. The respondents illegally attempted to encroach on the appellants property on 10.02.1974 by dumping bamboo and other construction materials, compelling the appellants to institute the present suit. Shri Patil relied upon the reports of the Pleader Commissioner appointed by the Trial Court, and again by the High Court, to submit that the appellants were found to be in possession of the property coupled with the entries in the property tax register and the municipal tax receipts in name of the appellants. The respondents did not claim any title in themselves to the suit property, but feebly sought to question the appellants title in a vague manner. O.S. No. 3334/1984 filed by the respondents was allowed to be dismissed in default. The suit filed by the appellants was only for grant of permanent injunction. No issue with regard to title was therefore framed. The lawful possession of the appellants stood established from Ex.D-1 dated 07.09.1946, filed by the respondents, vesting title in their vendor, O.A. Majid Khan by the Bangalore City Municipality (hereinafter referred to as "the Municipality") under Section 41(2) of the Mysore City Municipalities Act, 1933 (hereinafter referred to as 'the Act') over an area of 75 ft. x 110 ft., and the subsequent sale deed dated 27.09.1962 by the Municipality in favour of the appellants mother for the remaining area of 15 ft. x 110 ft.
(3.) Both the Courts held that the respondents had no concern with the suit property, yet ventured to decide that the appellants had failed to establish title and dismissed the suit. The conclusion of the High Court that the identity of the suit property had not been established is perverse and contrary to the evidence on record.;