JUDGMENT

This matter is listed for admission. Heard the learned counsel appearing for the appellant.

2. This appeal is filed challenging the judgment and decree dated 17.08.2017 passed in R.A.No.27/2014 on the file of the III Additional Senior Civil Judge, Mangaluru, D.K.

3. The factual matrix of the case of the plaintiff before the Trial Court is that the plaintiff is in possession of the suit schedule property as on the date of filing of the suit and the defendant is unnecessarily interfering with the possession of the plaintiff. Hence, the plaintiff is entitled for the relief of permanent prohibitory injunction.

4. It is also the contention of the plaintiff that the suit schedule property described in the plaint schedule is a landed property measuring 0-07 cents bearing Sy.No.114/8 situated at 87-B-Kadri Village, mangaluru. The plaintiff – Trust is the absolute owner of immovable property and is in actual possession of the same without any claim from anyone. It is contended that the defendant is perpetual tenant measuring

26.05 cents. That the defendant illegally planned to construct a house in the suit schedule property without obtaining necessary licence from the concerned authority, and on 27.05.2011 the defendant brought material such as laterite stones, sand etc., and dumped the same in her property, and civil contractor was marking the property for excavation for the purpose of laying foundation to put-up structure. Hence, prayed the Court to grant permanent prohibitory injunction restraining the defendant from entering into the schedule property and put-up any structure in the suit schedule property.

5. In pursuance of the suit summons, the defendant appeared before the Court through her counsel and filed the written statement contending that the property bearing Sy.No.114-8 of Kadri Village measuring 0.42 acres of land was originally obtained on mulageni for a sum of Rs.850/- by one Mr.Jacob Herman Soans as per a registered mulageni sale deed dated 16.01.1923. The said Mr.Jacob Herman Soans died leaving behind his last Will and Testament dated 09.08.1958. As per the terms of the said Will he bequeathed his property equally to his daughters Mrs.Penina Barnabas and Mrs.Freeda Thabitha Sathyarthi. The above said two persons were enjoying the above said land jointly as co-owners. Out of 0.42 cents, an extent of 0.07 cents have been utilized for the formation of motorable road and thereby the land which were available on measurement was only 0.35 acres. Mrs. Freeda Thabitha Sathyarthi died on 10.01.1984 leaving behind her last Will and Testament dated 08.07.1977 and the same has been probated in P & S.C.No.75/1999 on the file of District Judge, Managaluru. As per the terms of the said Will, Mrs. Freeda Thabitha Sathyarthi has bequeathed her right to her only daughter the defendant herein. The another daughter of Mr. Jacob Herman Soans, Penina barnabas died on 25.10.1968 leaving behind her last Will and Testament dated 24.08.1968 which has been probated in O.S.No.6/1996 on the file of District Judge, D.K. Mangaluru. As per the compromise arrived at in the said suit, the share of Penina Barnabas is given to Mrs. Lalitha Leelavathi Kundar and Mr. Sydney. There has been a deed of partition entered between the above said Mrs. Lalitha Leelavathi Kundar and another as First party and Mrs. Greeta Bangera (defendant) as second party as per the registered partition deed dated: 22.01.2001. This defendant has been in possession of the property and she has filed declaration in Form No.7A and

26.5 acres of land in Sy.No.114-8 of Kadri Village was granted in favour of this defendant. One Veena Benedict Kotian who is the owner of the property situated on the northern side of the property of this defendant made a false claim that she has 12 feet wide approach to her property through the property of this defendant and filed a false case in O.S.No.48/2011 on the file of this Court for permanent prohibitory injunction and the Court was pleased