DEVAMMA AND OTHERS Vs. HANUMANTHEGOWDA AND OTHERS

JUDGEMENT

(1.) THE appellants have challenged the Judgment and Decree of the first appellate, dismissing their suit so far as item No. 1 of the suit properties is concerned and modifying the Judgment and Decree of the trial Court. The facts relevant for the purpose of this appeal are as under: The parties are referred to as per their rank before the trial Court for the sake of convenience.

(2.) AT the time of admission, this Court raised the following substantial question of law for consideration: Whether the first appellate Court was justified in hazarding a guess in reversing the finding of the trial Court that the plaintiffs had established possession in respect of item No. 1 of the suit schedule property, as found by its reasoning at para 33?

(3.) THE appellants to prove their title, relied upon the record of rights produced at Exs. P4 to 9. The perusal of Ex. P4 would reveal that the name of Mariyamma i.e., w/o. Bettegowda is shown in column No. 9 for the year 2000 -01. Exs. P10 is the Will said to have been executed by Mariyamma, w/o. Bettegowda, the eldest son which needs no consideration as it is the plaintiffs to establish their title not on the basis of the Will, but on the basis of the partition said to have been effected long back.