NARAYANAPPA Vs. SARVODAYA WEAVERS CO-OPERATIVE PRODUCING MARKETING SOCIETY LTD.

JUDGEMENT

(1.) PLAINTIFF is before this Court challenging the concurrent findings by filing an appeal under Section 100 of C.P.C.

(2.) PLAINTIFF chose to file a suit in O.S. No. 52/1998 before the Court of the Prl. Civil Judge (Jr. Dn.) at Ranebennur for the relief of declaration of title and permanent injunction and for recovery of possession of the encroached area as shown in the rough sketch appended to the plaint. Defendant is a Society represented by its Secretary and President.

(3.) THE case of the defendants is that, they have put up a building after having purchased an open site through a registered sale deed on 02.06.1997 from its lawful owner and that they have put up the building without encroaching any area of the plaintiff. They had called upon the plaintiff to prove the title relied upon by him as also alleged encroachment. Hence, they have prayed for dismissal of the appeal.