V. Gopala Gowda, J.—For the sake of convenience, the parties in this appeal are referred to as per their rank in the trial Court.

2. This appeal is filed by the Plaintiff in O.S. No. 121 of 1989. The suit was filed against the Defendants/Respondents for permanent injunction restraining them from interfering with the peaceful possession and enjoyment of the suit schedule property. The Plaintiff claimed that he was the mortgagee in possession of the same. The Defendants denied the claim of the Plaintiff and resisted the suit by filing written statement. On the basis of the pleadings the trail Court framed issues. The Plaintiff did not enter the witness box. However, he got examined his son as PW-1 and produced documents Exs.P-1 to P-7. On behalf of the Defendants, the first Defendant was got examined as DW-1 and another witness as DW-2 and Exs.D-1 and D-2 have been produced and marked as exhibits. The trial Court, appreciating both oral and documentary evidence on record, held that Plaintiff failed to prove that he was in lawful possession of the suit schedule property and that Defendants interfered with his possession on 15.2.1989. On the other hand, it was held that the Defe