KALINGAPPA SINCE DECEASED AND REPRESENTED BY LR'S SHRI RAJAPPA, SHRI MARISWAMY AND SHRI MADAPPA Vs. GOWRAMMA, SHRI CHIKKANNAIAH, SHRI BANGARASHETTY AND SHRI N.S. SUNDARASHETTY

JUDGEMENT

(1.) The legal heirs of the 1st defendant-Kalingappa are in second appeal against the judgment in R.A.45/04 on the file of Civil Judge (Senior Divn.), Nanjangud, confirming the judgment and decree in O.S. 45/02 on the fife of Civil Judge (Junior Divn.), Nanjangud, whereby the suit of respondents 1 and 2 has been decreed as prayed for. Heard Sri Raghavendra Rao for the appellant and Sri T.N. Raghupathy for the respondents. Perused records in supplementation thereto. For brevity and easy reference, parties shall be referred to according to their rank in the trial court. In that, Kalingappa (father of the appellants herein) will be referred to as the 1st defendant; Gowramma and Chikkannaiah shall be referred to as plaintiffs; Bangara Shetty and N.S. Sundara Shetty (respondents 3 and 4 in this appeal) will be referred to as defendants 2 and 3 respectively.

(2.) The contextual facts are:

(3.) The appeal has been admitted to consider the following substantial questions of law: