SIDDAPPA Vs. HALASIDDAPPA AND OTHERS

JUDGEMENT

(1.) THIS Regular Second Appeal by the defendant in O.S. No. 225/98 on the file of Civil Judge (Sr. Dn.) and Additional CJM, Arasikere is directed against the concurrent judgments and decree of the Courts below decreeing the suit of the respondents/plaintiffs for declaration of title and for permanent injunction.

(2.) THE subject matter of the suit is land bearing Survey No. 35/5C measuring 1 acre 4 guntas situated at Bisalehalli village. The original plaintiff Halasiddappa son of Kempegowda and his two sons Revanna and Maheshwarappa filed the suit before the trial Court for declaration of their title to the suit schedule property and also for permanent injunction against the appellant/defendant inter alia contending that they are the absolute owners of the suit schedule property which was purchased by the first plaintiff and they are in peaceful possession and enjoyment of the same and that the defendant being the owner of the adjacent land bearing Survey No. 35/6 is trying to interfere with their peaceful possession and enjoyment of the suit schedule property and also has created cloud over their title to the suit schedule property. During the pendency of the suit the first plaintiff died and his legal representatives were brought on record.

(3.) THE parties led oral evidence before the trial Court and produced documentary evidence. The trial Court on appreciation of the oral and documentary evidence held that the plaintiffs have proved their title and that they are in lawful possession of the suit schedule property. The trial Court decreed the suit. The appeal filed by the appellant/defendant before the Lower Appellate Court, came to be dismissed affirming the judgment and decree passed by the trial Court, It Is against these concurrent judgments of the Courts below, the appellant defendant has presented this second appeal.