DASEGOWDA Vs. GANGARAJU

JUDGEMENT

(1.) THIS Regular Second Appeal is filed by the Defendant questioning the correctness of the judgment and Decree dated 12.4.2000 passed by the Prl. Civil Judge (Sr. Dn.), Tumkur in RA 93/1999 and prayed to restore the judgment and Decree passed in OS 439 of 1989 dated 5.6.1990 by the Prl. Munsiff, Tumkur by allowing this Regular Second Appeal after answering three substantial questions of law framed at paragraph 5 of the Memorandum of Appeal, urging various legal grounds.

(2.) THE rank of the parties is referred to in the judgment as has been assigned in the plaint presented before the Trial Court for the sake of convenience.

(3.) THE learned Counsel appearing on behalf of parties addressed arguments far and against on the aforesaid substantial question of law. The pleadings, facts and findings recorded in the judgments passed by the Courts below are not adverted to in this judgment as both the Courts have extensively referred to the facts and recorded their respective findings with their reasons in answer to contentious issues and the points framed by them and answered by them. In this judgment certain relevant and necessary facts for answering the questions of law are stated as hereunder: