M. ABDUL RASHEED Vs. V.L. SHIVAPPA

JUDGEMENT

(1.) THE appellants have challenged the judgment and decree of the Lower Appellate Court in R.A. No. 5/1989 by allowing the appeal of the respondents and dismissing the suit instituted by the appellants.

(2.) THE facts relevant for the purpose of this appeal are as under:

(3.) THE Defendant No. 1 in his written statement contended that there was no relinquishment of the rights of defendants 2 and 3 in favour of Abdul Sattar at any time in the suit land and that the suit property is of the ownership of defendants 2 and 3 who executed a sale deed dated 21.2.1970 and since then, the first defendant claims to be in possession of the suit land. So also, it is his contention that he has been in possession of the suit property since from the sale deed and defendants 2 and 3 were in possession of the suit land prior to the sale deed for about six years and, therefore, he has acquired a title by adverse possession, He has also denied about themahar sale deed dated 15.3.1932 said, to have been executed in favour of the second wife Jahira Bi and claims that the plaintiffs have no right, title or interest of whatsoever type to claim the possession. On the basis of these pleadings, the following issues have been framed: