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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 7662 of 1997

PETITIONER:

Rame Gowda (D) by Lrs.

RESPONDENT:

M. Varadappa Naidu (D) by Lrs. & Anr.

DATE OF JUDGMENT: 15/12/2003

BENCH:

R.C. Lahoti, B.N. Srikrishna & G.P. Mathur

JUDGMENT:

J U D G M E N T

R.C. Lahoti, J.

The defendant is in appeal feeling aggrieved by the judgment and

decree of the Trial Court, upheld by the High Court, restraining him from

interfering with the possession and enjoyment of the suit schedule property

by the respondent.

The plaintiff and the defendant \026 both have expired. Their LRs are

on record. For the sake of convenience we are making reference to the

original parties i.e. the plaintiff and the defendant.

The suit property, a piece of land, is situated in Arekempanahally,

36th Division. It appears that the plaintiff and the defendant both claim to

be owning two adjoining pieces of land. There is a dispute as to the exact

dimensions and shapes (triangular or rectangular) of the pieces of land

claimed to be owned and possessed respectively by the two parties. The

real