JUDGMENT

1. This appeal is filed by the appellant/plaintiff under Section 96 of CPC for setting aside the judgment passed by the XXVI Additional City Civil ands Sessions Judge Mayo Hall, Bangalore in O.S.No.26379/2011 dated 01.08.2017 for having dismissed the suit of the plaintiff.

2. Heard the arguments of learned counsel for appellant and learned counsel for respondent. The appellant was the plaintiff and the respondent was defendant before the Trial Court. The ranks of the parties are retained for the sake of convenience.

3. The case of the plaintiff is that the plaintiff has filed suit for permanent injunction restraining the defendant from interfering with the possession and enjoyment of the suit schedule property, alleging that the plaintiff was the owner of the Site No.63, Khatha No.24 at Basavanapura Village, K.R. Puram Hobli, Bengaluru East Taluk, measuring 30 x 40 feet (herein after referred as the "suit schedule property") was purchased from previous vendor Sri.D.Nataraj s/o Sri.Doreswamy dated 09.04.2010. He was put in possession and paid taxes to BBMP. This property has been formed from Sy.No.24(P) of Basavanapura Village, which was darkhast land. Originally the land was