VITTAL SULTAN HEGADE, SRI. KALLAPPA SHIDDAPPA HEGADE AND SRI. HANAMANT VITTAL HEGADE Vs. SRI. MAYAPPA GANGARAM HEGADE, SRI. NINGAPPA GANGAPPA HEGADE, SRI. SIDDAPPA GANGAPPA HEGADE AND SRI. SULTAN BHIMAPPA HEGADE

JUDGEMENT

(1.) THIS second appeal is by defendants 1, 2 and 4 in the suit challenging the concurrent judgment and decree passed by the courts below whereby the Trial Court decreed the suit of the plaintiffs which was confirmed by the lower appellate court. For the sake of convenience, the parties are referred to as they are referred to in the suit before the Trial Court. I have heard the learned Counsel appearing for the parties and perused the judgments and decrees of the courts below.

(2.) THE learned Counsel for defendants 1, 2 and 4/appellants herein, submit that, defendant Nos. 1 and 2 together were given 20 guntas and defendant No. 4 was given 20 guntas of land in the suit R.S. No. 145/1 + 2B and on the basis of joint varadi given by the plaintiffs and defendants entry to that effect was made in the name of defendants 1 and 2 for 20 guntas and in the name of defendant No. 4 for 20 guntas. The courts below without considering this have committed error in decreeing the suit of the plaintiffs holding that they are the owners in possession and enjoyment of 4 acres 4 guntas in the suit land bearing RS No. 145/1 + 2B.

(3.) LEARNED Counsel appearing for the respondents submits, the judgments and decrees of the courts below are based on proper appreciation of oral and documentary evidence on record. He submits there is no illegality or infirmity in the judgment and decrees passed by the courts below warranting interference of this Court, much less, no substantial question of law arises for consideration and he prays for dismissal of appeal.