FAKIRAPPA Vs. MALLAPPA

JUDGEMENT

(1.) THIS regular second appeal arises from the divergent findings of the courts below.

(2.) FOR the sake of convenience the parties are referred to in the course of this judgment by their rank and status in the Trial Court.

(3.) THE plaintiffs, respondents 1 to 5 filed O. S. No. 600 of 1990 against the defendants, appellants herein, seeking a decree of permanent injunction in respect of 8 acres of land in Sy. No. 12/1-AA of Karadikoppa village, Hubli Taluk. The defendants resisted the suit and filed a counter-claim for partition of the said property and allotment of 1/3rd share to them on the ground that they had purchased 3 acres from chennappa, the father of plaintiffs 3 to 5. After trial, the learned Trial judge by his judgment and decree dated 16th December, 1993 decreed the suit as prayed for. Being aggrieved, the defendants took the matter in R. A. No. 8 of 1994 before the Court below. The Court below on reappreciation of the evidence set aside the judgment and decree passed in o. S. No. 600 of 1990 and dismissed the suit of the plaintiffs and allowed the counter-claim of the defendants. Being aggrieved, the plaintiffs in o. S. No. 600 of 1990 have come up in this regular second appeal.