SHIVAPPA S/O SANNA SIDDAPPALA CHANNABASAPPA AND SMT. GOWRAMMA W/O SHIVAPPA Vs. SRI C. NANDIBASAPPA S/O CHANNAPLA CHANNABASAPPA, SRI C. KALLAPPA S/O CHANNAPLA CHANNABASAPPA AND SRI C.N. SHIVAMURTHY S/O SRI C. NANDIBASAPPA

JUDGEMENT

(1.) THIS is a defendant's appeal against the judgment and decree of the trial Court, which has decreed the suit of the plaintiffs as prayed for.

(2.) FOR the purpose of convenience the parties are referred to as they are referred to in the original suit.

(3.) THE case of the plaintiffs is that they are agriculturists by profession and permanent residents of Attigere village in Davanagere Taluk. The 2nd plaintiff is the younger brother of the 1st plaintiff and 3rd plaintiff is the son of the 1st plaintiff. The defendants are also agriculturists and residents of Attigere village in Davanagere Taluk. The 2nd defendant is the wife of 1st defendant. Nandyappa was the propositus of the family of the plaintiffs. He was an agriculturist by profession and permanent resident of Attigere village. He owned extensive immovable properties in Attigere village and he was enjoying those properties with his son Channabasappa. After the death of Nandyappa, all his property devolved on his son, Channabasappa, who was in possession and enjoyment of the family properties and he was cultivating the same personally. He was enjoying the said properties with his two sons Nandibasappa and Kallappa, the plaintiffs 1 and 2. Channabasappa died in the year 1984 leaving behind plaintiffs 1 and 2 as his legal heirs.