The main legal point established in the judgment is that the description by boundaries should prevail when the boundaries are exact and the area is approximate, as established by the specific and definite boundaries mentioned in the sale deed and will.

JUDGMENT

Jyoti Mulimani, J. - This is an appeal from the Court of Fast Track Court- IV at Mysore, confirming the judgment and decree passed by the V Additional Ist Civil Judge (Jr.Dn.) at Mysore.

2. The parties will be referred in their original characters as plaintiff/s and defendant/s keeping in mind that plaintiff/s are now appellants and defendant/s are respondents.

3. The events out of which the present dispute between the parties may be shortly stated. Plaintiffs brought simple suit for declaration and consequential relief of permanent injunction in respect of plaint schedule property.

The original plaintiffs are the sons of Late Honnaiah and defendant No.1 is alleged to be the purchaser of some property from defendant No.2. The 2nd defendant is one among the co-owner of the plaint schedule property. Defendants 2 and 3 are husband and wife and defendants 4 to 8 are their children.

It is the specific case of plaintiffs that the house property bearing Door.No.2374, situated in Kantharaje Urs Road, K.G.Koppal, Chamaraj Mohalla, Mysore, originally belonged to one Hanumanthe Gowda, the father of defendant No.2 . After the death of Hanumanthe Gowda, his wife Smt.Thibbamma and as a guardian of her children including defendant No.2 sold the entire northern portion of the house 40 feet east to west and 19 feet 3 inches north to south along with the vacant space attached to this property on the northern side up to Kantharaje Urs Road in favor of the father of plaintiffs 1 to 3 namely, Honnaiah under a registered sale deed dated 6.11.1957.

It is stated that Sri.Honnaiah has executed a Will on 03.03.1971 bequeathing the property in favor of his children plaintiffs 1 to 3 giving the western 1/3rd portion to 1st plaintiff, eastern 1/3rd portion to 2nd plaintiff and the middle 1/3rd portion to 3rd plaintiff. They have been in continuous possession of the same all along in their own right inclusive of the northern vacant space attached to each one of the portions of their houses.

It is averred that Honnaiah during his lifetime had extended the construction by putting a lane to roof construction to an extent of 6 feet by 40 feet leaving 3 feet space both on the eastern and western side and the remaining vacant space attached to these properties up to Kantharaje Urs Road, on the northern side has been in occupation and possession of plaintiffs. Plaintiffs specifically pleaded after the sale of northern portion in favor of plaintiffs father, defendants 2 to 8 retained only southern portion of Door No 2374. It has been specifically averred that defendants 2 to 8 did not retain any property on the northern side of the property.

It is stated that plaintiff No.1 has already constructed a toilet on the western side of the vacant space lying to the north of his 1/3rd portion. Plaintiff No.3 applied for a license to put up a toilet and compound on the western side of his property in the space on the northern side attached to his portion. It has been stated that after obtaining license, he made an attempt to excavate foundation to construct a toilet and compound in the northern vacant space adjacent to his house, but defendant No.1 obstructed the construction stating that he has purchased a vacant space of about 35 feet east to west and 16 feet north to south from defendants 2 to 8 and he has given a police complaint against plaintiff No.3 .

Plaintiffs specifically averred that what was sold in favor of their father was the entire property which extended up to Kantharaje Urs Road on the northern side. Hence, they specifically urged that defendants 2 to 8 have not retained any property on the northern side and as such, they could not have sold any portion lying towards Kantharaje Urs Road. Based on these averments, plaintiffs filed suit for the relief of declaration and injunction in respect of vacant space only which lies to the northern side of the property purchased by their father. The suit schedule property is denoted by the alphabets 'ABCDEF'