N. ANANDA, J.—This second appeal was filed for determination of following substantial question of law:

“Whether the Court below was justified in reversing the judgment and decree passed by the trial Court in the absence of legally acceptable document of title to the suit schedule property by the respondent in this appeal?”

2. The brief facts necessary to answer the above substantial question of law may be stated thus:

The suit schedule property is a vacant site situate at Manchegowdana Koppalu, Devaraja Mohalla at Mysore, within the peripheries of Mysore City. The suit site measures East to West 60 feet, North to South 40 feet, bounded on:

East by : Property belonging to MUDA (Mahajana House Building Co-operative Society)

West by : Private Property

North by : Private Property

South by : Road

3. The appellant herein was the defendant before the trial Court (hereinafter referred to as ‘defendant’) and respondent was the plaintiff before the trial Court (hereinafter referred to as ‘plaintiff’). The suit was filed for grant of permanent injunction to restrain defendant from interfering with plaintiff’s peaceful possession and enjoyment of suit schedule site.

4. The defendant resisted