JUDGMENT :

1. The Second Appeal is at the instance of the Plaintiff who was unsuccessful before the Appellate Court in Regular Civil Appeal No. 165 of 2011 preferred by the original Defendant No. 1 against the judgment and decree dated 15th April, 2011 passed by the Trial Court in Regular Civil Suit No. 240 of 2008 declaring the Plaintiff to be the owner of the property and restraining the Defendant No. 1 from causing any obstruction to the Plaintiff’s possession of the suit property and dismissing the counter claim filed by the Defendants. By the impugned judgment, the Appellant Court reserved the findings of the Trial Court and dismissed the suit and decreed the counterclaim.

FACTUAL MATRIX :

Plaint:

2. Regular Civil Suit No. 292 of 2000 was filed by the Plaintiff seeking declaration of ownership in respect of suit property described as undivided portion admeasuring 2R out of land bearing Gat No. 42 admeasuring 72R and for injunction restraining Defendant No. 1 from interfering with the Plaintiff’s peaceful possession. Gat No. 42 is the ancestral property of Defendant No. 2. In the year 1996, Defendant No. 2 sold portion of land situated on eastern side of Gat No. 42 to Defendant No.