A plaintiff must prove lawful possession to obtain an injunction, mere ownership claims insufficient without evidence of actual possession.

JUDGMENT :

V. SRISHANANDA, J.

1. Heard Sri Y.K.Narayana Sharma, learned counsel for the appellant and Sri Naveen Kumar for Sri A.Madhusudhana Rao, learned counsel for the respondents.

2. Unsuccessful plaintiff is appellant in this Second Appeal.

3. Facts of the case which are necessary for disposal of the present appeal are as under:

A suit for bare injunction came to be filed, contending that plaintiff is the owner in possession in respect of property bearing Door No.4098/1 New No. L-29 Siddhapaji Temple road, Gandhi Nagar Mysuru, measuring East to West 18 feet, North to South 30 feet, having purchased the same on 04.09.2015 from Smt.Tholasamma, Sri Srinivas and others through registered sale deed.

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4. Plaintiff after purchase of the property applied for change of revenue entries and after the transfer of revenue entries in the name of the plaintiff, he is paying taxes in respect of the suit property.

5. Mysuru City Corporation having objected the change of Katha in the name of the plaintiff, had to ultimately transfer the revenue entries pursuant to the order passed by this court in W.P No. 50102/2015.

6. It is the further case of the plaintiff that defendants are politically influenced people and they have influenced the officials of Mysore City Corporation and defendants are spreading false news that they are going to construct a structure in the suit property.

7. Therefore, plaintiff had to file the suit seeking an order of permanent injunction against the defendants and their followers from interfering with peaceful possession and enjoyment of the suit property.

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8. Pursuant to the suit summons, defendants entered appearance and filed common written statement denying the plaint averments specifically.

9. Defendants contended that there is no cause of action to file the suit. Defendants further explained their stand in paragraphs 14 to 16, which is culled out hereunder for ready reference:

“The defendants submit that the first defendant is the absolute owner in possession of the house property bearing No. 4098/2A New No. L9, (original No. 4098/1, New No. L-29) situated at 12th Cross, St Mary's Road, Siddapaji Temple Road, Gandhinagara, Mysuru, measuring East to West 30 Ft and North to South 30Ft. Originally the property bearing No. 4098/1 New No. L- 29 total extent of East to West 50 Ft and North to South 30 Ft, belongs to one Kariya and Smt. Lakshmamma who are the parents of Late Chaluvaiah. The vendors of the plaintiff are the children of late Cheluvaiah. During the life time of said Kariya and Smt. Lakshmamma have sold a portion of the property measuring East to West 30 Ft and North to South 30 Ft out of total extent of East to West 50 Ft and North to South 30 Ft, in favour of one Smt.Seeramma, who is the mother-in-law of the 1st defendant, through a registered sale deed dated 22.11.1951. The katha of the said property has been transferred in the name of said Seeramma. After the death of said Seeramma her children viz. S.Krishnappa, S.Dasappa and S.Easwara who is the husband of the 1st defendant and father of the 2nd defendant are entered into a registered partition deed dated 17.3.2010 dividing the entire property i.e. total extent of 30x30 among themselves. The 1st defendant herein is the wife of the 3rd son Sri Easwara. The khata of their respective properties had been registered before the Mysore City Corporation and they have remitted the taxes to the concerned department. The husband of the 1st defendant also passed away. Thereafter the 1st defendant applied for transfer of khata to her name and the Mysore city corporation transferred the khata into he