1. This is the defendants appeal. Respondents were the plaintiffs in O.S. 718/1987. Plaintiffs filed a suit for permanent injunction to restrain the defendants from putting up any construction on the plaint schedule property or from interfering in any manner either by themselves or through their agents with the peaceful possession and enjoyment of the plaint schedule property. Suit property is a vacant site bearing K.No. 30 of Hebbal - Kempapura village measuring east - west 15 ft. and north - south 80 ft. bounded east by the house of the plaintiff bearing K.No. 11, west by the house of the defendants and vacant land, north by defendants 1/3rd share and south by road. According to the plaintiffs, they are the full and absolute owners of the suit property. Plaintiffs grand - father one Avalappa and Munivenkatappa were brothers and they have divided their joint family properties under an oral partition. The vacant land which was to the west of K.No. 11 measuring 15' x 120' was divided into three equal portions, northern 1/3rd portion was allotted to Chikka Venkatappa, grand - father of defendants, middle portion was allotted to the share of Munivenkatappa and southern portion was all