These second appeals are filed by the defendants.

The facts involved in all these appeals are

similar. Hence, for the purpose of adjudication of these 5

appeals, the facts in relation to RSA No.19/2021 only are

stated.

Sri.Umesh.S.Raju, the plaintiff, filed the suit

seeking

for

injunction

contending

that

he

was

in

possession of the suit property on the basis of the sale

deed dated 03.09.2004 executed in his favour by

Narayanappa and his daughter Nanjamma.

It was his case that his possession was

evidenced by entries in the revenue records and also by

the fact that he had paid up-to-date property taxes. It was

also stated that his father also owned adjacent land

comprising survey Nos.120 and 121 and they were in

peaceful possession ever since the purchase. He alleged

that the defendants tried to dispossess the plaintiff from

5

the suit property and he was therefore constrained to file

the suit.

The defendants contested the suit. They stated

that on 21.10.1957 one Govindappa had conveyed the

property

in

favour

of

Muniswamy

Bhovi,

Chikkamuniayyappa Bhovi, Muniyappa Bhovi, Guvuva

Bhovi, Era Bhovi, Appaaiah Bhovi and Isokadu Venkata

Bhovi in respect of the land bearing survey No.67

measuring 120 acres situated at Navaarathna Agrahara

village, Jala Hobli, Devanahalli Taluk, Bangalore Rural

District. It was stated that these persons were in joint

possession and the land had not been divided nor

partitioned. It was stated that their father had filed

O.S.No.42/1971 seeking for declaration and injunction

against Gurdeep Singh Siddhu and six others and the said

suit was decreed. It was stated that the defendants were

the co-owners and they had been in continuous possession

and the Record of Rights, Tenancy and Crops (RTC) also

reflected the same.

6

6.

Defendants also stated that they had instituted

O.S. No.1329/2006 and in the said suit the plaintiff had

also been made a party and in the light of the said suit the

present suit for injunction could not be maintained.

7.

The Trial Court dismissed the suit on the

ground that the plaintiff admitted that the suit in O.S.

No.1329/2006 for partition was pending and in that suit

they had made an application for impleading, but had

chosen to suppress the said fact. The Trial Court took the

view that since the suit for partition was pending and

notwithstanding the fact that the plaintiff had produced the

title deed, since the share of his members was yet to be

adjudicated,

the

suit

for

injunction

could

not

be

entertained.

8.

The Trial Court took note of the fact that RTCs

were produced in which the name of the plaintiff appeared

as a owner, but no documents were produced to show that

he was in factual possession.

7

9.

Being aggrieved by the dismissal of the suit by

the Trial Court, the plaintiff preferred an appeal.

10.

The Appellate Court on re-appreciation of the

entire evidence, took the view that the Trial Court was not

justified in holding that the plaintiff had failed to prove his

possession. Appellate Court came to the conclusion that

the plaintiff had proved his possession by production of the

sale deed in Ex.P-4 and also revenue records in which his

name had been entered. The Trial Court also took into

consideration Ex.P-19, Form No.15, which stated that

there was a partition amongst the family members of the

members of the plaintiff. To come to the conclusion that

there was a partition, the Trial Court also took note of

Ex.P-24, the photographs which indicated that the plaintiff

was in possession.

11.

The Appellate Court also noticed that Durasti

podi was conducted on 09.10.2013 vide Ex.P-23 and a new

survey No.122/1 was assigned and mutation was also

8

affected on 29.01.2013 which proves the identification of

the property.

12.

The Appellate Court disagreed with the view

taken by the Trial Court that there was a bar for filing a

suit for injunction when the suit for partition filed by the

defendants was pending and the plaintiff was justified in

filing the suit for injunction. The A