NINGAPPA Vs. B K MAHADEVSWAMY

JUDGEMENT

(1.) The defendants are before this Court impugning the judgment and decree dtd. 30/6/2011 passed in RA No.60 of 2007 on the file of the learned Senior Civil Judge and CJM, Chamarajanagar (hereinafter referred to as 'the First Appellate Court' for brevity), whereunder, the appeal preferred by the plaintiff was allowed by setting aside the judgment and decree dtd. 28/5/2007 passed in OS No.86 of 2004 on the file of the learned Civil Judge (Jr.Dn.) and JMFC, Gundlupet (hereinafter referred to as 'the Trial Court' for brevity) and the suit of the plaintiff for permanent injunction was decreed restraining the defendants permanently from causing interference in the possession and enjoyment of the suit schedule property.

(2.) For the sake of convenience, parties are referred to as per their status and rank before the Trial Court.

(3.) Brief facts of the case are that, the plaintiff filed the suit OS No.86 of 2004 for permanent injunction restraining the defendants and their men from interfering with the peaceful possession and enjoyment of the suit schedule property by the plaintiff. It is contended by the plaintiff that the suit schedule property was originally belonging to late Malledevaru of Belavadi village, as he purchased it under the registered sale deed dtd. 31/8/1945. The plaintiff is the grand son of the said Malledevaru who about 40 years back. After his death, the property came in possession and enjoyment of his son B M Kendagannaswamy i.e., the father of the plaintiff. He also died about 20 years back and thereafter, the plaintiff is in possession and enjoyment of the property. The khata stands in his name and he is paying the revenue.