(1.) Leave granted.
(2.) This appeal is directed against the judgment and order dated 08-07-2005 passed by the High Court of Karnataka at Bangalore in Regular Second Appeal No. 242 of 2001 modifying the judgment and decree in part that the plaintiff is owner and in possession only to an extent of 7.00 acres of land.
(3.) BRIEF FACTS : Mahaboobsab Modinsab Agasimani, plaintiff in O.S. No. 129 of 1990 on the file of the Principal Civil Judge, Hubli is the appellant in the above appeal. The Appellant/plaintiff filed the said suit for declaration declaring him as the absolute owner of the suit property bearing RS. No. 93/3 measuring 7 acres and 10 guntas situate at Palikoppa in Hubli. According to the plaintiff, he is the owner and in possession of the suit property which came to the share of his father in the year 1973 in their family adjustment among the brothers. Subsequently, father of the plaintiff and oth ers got their shares entered vide ME No. 480. The same has not been challenged by the defendant so far. The defendant is the owner and in possession of R.S. No. 98/2 measuring 6 acres 30 guntas since 1973. Both the lands are adjacent to one another. Though the suit property measuring 7 acres 10 guntas, there was an entry in the record of rights to the extent of 7 acres and 30 guntas. The plaintiff, by filing an application to the Revenue Authority, got it rectified as 7 acres 10 guntas. The defen dant got the extent of his land entered as 7 acres instead 6 acres 30 guntas. This entry made by the Revenue Authority was illegal and without the knowledge of the plaintiff. No notice was issued to him. Right from the date of partition in the year 1973, defendant is cultivating the land measuring 6 acres 30 guntas and the plaintiff is cultivating the land measuring 7 acres and 10 guntas. Therefore, the order made by the ADLR in PH No. 192/87 was illegal and contrary to the provisions of the Karnataka Land Revenue Code. Therefore, certification of ME No. 781 was illegal and not binding on the plaintiff. Though variations were made in the record of rights, the plaintiff continued to enjoy 7 acres and 10 guntas, whereas the defendant is in actual possession of only 6 acres and 30 guntas. Since the defendant started denying the title of the plaintiff to the entire extent, the plaintiff constrained to file the suit for declaration of his title.