STATE OF KARNATAKA Vs. H M PANCHAKSHARAIAH

JUDGEMENT

(1.) This second appeal has arisen out of the judgment and decree dated 1-1-1975 of the Additional Civil Judge, Tumkur, in R. A. No. 178 of 1974 on his file.

(2.) The appellants, who were defendants in O.S. No. 407 of 1973 on the file of the Munsiff and Judicial Magistrate, Tiptur, have come up with this appeal against the concurrent findings of both the courts below upholding the respondent-plaintiff's claim for a declaration as to his age and date of birth.

(3.) In the plaint presented by him the plaintiff (respondent herein) had requested the trial court to pass a decree in his favour "declaring that the correct date of birth ...... as 24-4-1947". He has obtained a decree to that effect. The defendants had, no doubt, contested the claim. After a trial and hearing the parties the learned Munsiff granted the decree and this has been affrmed. as stated above, by the Civil Judge.