ORAL JUDGMENT

This matter is listed for admission. Heard the learned counsel for the appellant and the learned counsel for respondent No.2.

2. This appeal is filed against the concurrent finding of the Trial Court and the First Appellate Court.

3. The factual matrix of the case of the plaintiff while seeking the relief of declaration and injunction in respect of ‘ C ’ schedule property is that the plaintiff is the absolute owner in peaceful possession and enjoyment of ‘A’ schedule property bearing municipal assessment No.630/675 measuring 60 + 57 x 35, wherein there is a RCC dwelling house and boundary is also given. The dispute is in respect of the southern side of the plaint schedule property shown as ‘ ’ schedule property. It is the contention of the plaintiff that the property was purchased in the year 1994. The defendant No.1 is the owner in possession of ‘B’ schedule property and he had purchased the same from one S.K. Sujayakantha under the registered sale deed dated 20.05.1992 and constructed ground floor by obtaining license from TMC, Maddur and now he is residing therein. That the vendors of the plaintiff and defendant No.1 are siblings and they formed sites and sold the sam