The judgment and decree of the first appellate Court were found to be in compliance with the mandatory provisions of Order 41 Rule 31 of CPC.

1. This regular second appeal is preferred by the appellant-plaintiff being aggrieved by the judgment and decree dated 10.3.2006 passed by the learned Civil Judge (Sr.Dn.) and JMFC., Bhadravathi in R.A.No.7/2004 in reversing the judgment and decree dated 17.4.2004 passed by the lower Court in C.S.No. 117/1993.

2. The facts leading to the present appeal are that appellant in this regular second appeal filed the suit before the trial Court against the respondents- defendants seeking the relief of permanent injunction in respect of suit schedule properties to restrain the defendants, their men, agents and servants or representatives from entering into or interfering with the plaintiffs peaceful possession arid enjoyment of the suit schedule properties. The suit schedule properties are landed properties as shown in schedule 'A' and 'B' to the plaint. It is averred in the plaint by the appellant- plaintiff that he is the owner in possession of the suit schedule lands and said properties have been allotted to him in the family partition in the year 1965 since then, he is in peaceful possession and enjoyment of the properties and cultivating the said properties personally without any interruption. Subsequent to the allotment of the said property, khata and RTC stands in his name and he is paying kandayam to the government. The defendants who have no manner of right, title or interest over the schedule properties and without any authority of law, with an intention to take forcible possession of the suit schedule properties and with the motive to harvest the crop, interfered with the possession and enjoyment of the plaintiff. Defendants are powerful persons in the locality. On 8.2.1993, defendants came near the suit schedule properties and obstructed the cultivation of the land with an intention to cause loss and inconvenience to the plaintiff and threatened the plaintiff with dire consequences if he does not quit the suit schedule lands. Plaintiff resisted the illegal and highhanded acts of the defendants, but he is apprehending danger to his legal rights and the rest over the schedule properties and illegal invasion of the defendants over the suit lands. Defendants being influential persons may again try to interfere with the plaintiffs peaceful possession and enjoyment of the schedule properties and in that event it is very difficult for the plaintiff to resist the illegal and highhanded act of the defendants.

Hence, he has filed the suit.

3. The respondent No. 1-defendant No.1 in the suit has filed the written statement contending that the defendants names and address are not correctly shown in the cause title of the plaint. The allegation that plaintiff is the owner in possession of the suit schedule lands as pleaded in paragraph No.2 of the plaint are all false. The documents produced along with the plaint are all created and concocted documents which lacks the bonafides. In fact, defendant No.1 is in actual possession and cultivation of 4 acres 9 guntas including 7 guntas of kharab land in Sy.No.8/11 and 1 acre of land in Sy.No.8/1 of Bhadra colony village, in all, measuring 5 acres 9 guntas. The defendant is in actual possession and cultivation of the above lands after he purchased the same from its previous owner Kamalamma Savithramma, W/o late Ramashastri and her son K.R.Manjunath. The vendor Smt. Kamalamma was in undisturbed continuous possession and cultivation of the said lands till she sold the same to defendant No. 1 and now the defendant No. 1 is in actual possession of the same as owner. Plaintiff has got no right, title or interest. By giving wrong description of the properties, plaintiff wanted to lay hands in the property of the defendants. There is no property as described by the plaintiff in the plaint nor he is in possession. The allegations that defendant has tried to have forcible possession of the plaint schedule properties and tried to harvest the crop and defendants are powerful persons and on 8.2