The judgment emphasizes the importance of documentary evidence in establishing possession and entitlement to property, and the burden of proof on the party contesting such claims.

JUDGMENT

1. The defendants are before this Court impugning the judgment and decree dtd. 30/6/2011 passed in RA No.60 of 2007 on the file of the learned Senior Civil Judge and CJM, Chamarajanagar (hereinafter referred to as 'the First Appellate Court' for brevity), whereunder, the appeal preferred by the plaintiff was allowed by setting aside the judgment and decree dtd. 28/5/2007 passed in OS No.86 of 2004 on the file of the learned Civil Judge (Jr.Dn.) and JMFC, Gundlupet (hereinafter referred to as 'the Trial Court' for brevity) and the suit of the plaintiff for permanent injunction was decreed restraining the defendants permanently from causing interference in the possession and enjoyment of the suit schedule property.

2. For the sake of convenience, parties are referred to as per their status and rank before the Trial Court.

3. Brief facts of the case are that, the plaintiff filed the suit OS No.86 of 2004 for permanent injunction restraining the defendants and their men from interfering with the peaceful possession and enjoyment of the suit schedule property by the plaintiff. It is contended by the plaintiff that the suit schedule property was originally belonging to late Malledevaru of Belavadi village, as he purchased it under the registered sale deed dtd. 31/8/1945. The plaintiff is the grand son of the said Malledevaru who about 40 years back. After his death, the property came in possession and enjoyment of his son B M Kendagannaswamy i.e., the father of the plaintiff. He also died about 20 years back and thereafter, the plaintiff is in possession and enjoyment of the property. The khata stands in his name and he is paying the revenue.

4. The plaintiff contended that with an intention to construct the residential house over the schedule property, he obtained licence from Hundipura Gram Panchayath, which is dtd. 19/6/2004. The grandfather of the plaintiff purchased the vacant site measuring East to West 22 yards and North to South 14 yards, out of which, 2 yards on the Western side and 8 yards on the Eastern side and 2 yards on the Southern side were given to Gram Panchayat for public purposes. The Gram Panchayat formed a galli both on the southern and western side. A public well was also sunk about 5 years back. Therefore, the site is called as 'Bavi Niveshana'. After giving the right over the piece of land, the schedule property measures 12 x 12 yards, which is in possession of the plaintiff.

5. It is contended that the father of the plaintiff had constructed temporary shed over the schedule property which is still in existence, but is in dilapidated condition. The defendants who were not having any right, title or interest over the schedule property and even though they are not the adjacent owners, came near the schedule property on 10/11/2004 and started interfering with the construction work undertaken by the plaintiff. The defendants have threatened to assault the plaintiff and asked him to stop the construction work. Since the plaintiff could not resist the high handed acts of the defendants has filed the suit for permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the schedule property.

6. The schedule appended to the plaint describes the vacant site with temporary shed measuring East to West 12 yards and North to South 12 yards in assessment No.314 of Hundipura Gram Panchayath, Belavadi village, Gundlupet Taluk, as per the boundaries mentioned therein.

7. The defendants have appeared before the Trial Court and filed their written statement contending that the suit of the plaintiff is not maintainable. The averments made in the plaint regarding the title of the plaintiff and his forefathers are denied. It is contended that the defendants are the villagers of Belavadi and they are the members of Gram Panchayath. It is also contended that the suit schedule property originally belonging to Gavirudreshwara temple of Belavadi village, Gundlupet taluk which i