1. This defendants’ appeal arises out of the judgment and decree dated 8.9.2008 passed by the XIII Additional City Civil Judge, Mayo Hall Unit-1 Bengaluru in O.S.No.15192/2005. The respondent is plaintiff before the Trial Court. Subject matter of the suit is a strip of land described as plaint schedule ‘B’ property, measuring east to west 3’ and north to south 45’ situated at the eastern side of the plaintiff’s property more fully described as plaint schedule ‘A’ property. For the purpose of convenience, the parties will be referred to hereafter with their ranks before the trial Court.

2. Plaintiff filed O.S. No.15192/2005 against the defendants for mandatory injunction for removal of the toilets constructed by them on plaint schedule ‘B’ property and for permanent injunction restraining them from interfering with her possession of the said property.

3. Her case in brief is as follows:

The defendants’ are the owners of the site and the house thereon which situates on the eastern side of plaint schedule ‘B’ property. Originally plaint schedule ‘A’,’B’ and the defendants properties belonged to one Chandrappa. Smt. Radha Bhaskaran purchased the same under a registered sale deed