CHANNABASAPPA Vs. SAFOORABI

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 07.03.2005 in R.A. No.19/2005 passed by the Fast Track Court at Chitradurga reversing the judgment and decree dated 10.12.1999 in OS. No.1443/1992 passed by the Principal Civil Judge (Junior Division) Chitradurga.

(2.) APPELLANT is the plaintiff and respondents are the defendants before the trial Court. In this judgment for convenience the parties are referred to their status before the trial Court.

(3.) DEFENDANTS entered appearance before the trial Court and filed written statement inter alia contending that they have not executed the rectification agreement Ex.P.2, the construction made by the defendants was prior to 1932, the same was in existence at the time of sale deed Ex.P. 1 and they have not encroached upon the property of plaintiff. On these grounds the defendants opposed the claim of plaintiff. On the basis of pleadings the trial Court framed the following issues for its consideration.