The defendant in OS.No.486/1993 on the file of the VII Additional City Civil Judge (CCH-19), Bengaluru, has come up in this appeal impugning the judgment and decree dated 24.6.2003 in decreeing the suit of the plaintiff for the relief of permanent injunction.

2. Brief facts leading to this first appeal are as under: Plaintiff – B.P. Devaraj is son of late Pathiyappa. It is not in dispute that the plaintiff’s father Pathiyappa and his two brothers were the owners of two portions of properties which they acquired under two registered sale deeds somewhere in the years 1912 and 1913. In fact, what is the extent of land that was purchased by them under the said two sale deeds and their boundaries is not placed on record. But, what is seen is that when they were in possession and enjoyment of said properties, they have sold a portion of said properties on its western portion to one Y.V. Subramanyam, Proprietor of Central Tiffin Room on 01.10.1934. The said portion is bounded on its West by Avenue Road, North by Krishna Building, South by Cubbonpet Main Road and East by remaining portion of the property belonging to Pathiyappa and two of his brothers, who were the vendors.

3. It i