Judgment

HEGDE, J.:- This is a plaintiff s appeal by special leave. In the suit from which this appeal arises, the plaintiff prayed for two reliefs viz.

"(1) declaring that the plaintiff is the absolute owner of the plaint schedule site being in possession and enjoyment of the same, and that the defendant has no right whatever in this site, nor is he in enjoyment of the same and

(2) granting permanent injunction restraining the defendant from unlawfully and forcibly entering upon the suit site, and disturbing the plaintiff s possession and also from constructing the house by unlawfully obtaining a licence from the Municipality".

2. The trial court decreed the suit as prayed for. The first appellate court affirmed the decision of the trial court. In second appeal the High Court reversed the decree of the courts below and dismissed the plaintiff s suit with costs, primarily on the ground that the plaintiff has failed to establish satisfactorily his title to the suit property.

3. The suit proper is a building site measuring 80 x 40 feet situate within the municipal limits of Birur. The plaintiff claims to have purchased the same from one Banavarada Abdulla Saheb for a sum of Rs.100/-, on J