CHAMPALAL CHETAN PRAKASH @ CHETAN PRAKASH AND SHANTILAL, REPRESENTED BY THEIR DULY CONSTITUTED AGENT AND POWER OF ATTORNEY HOLDER Vs. T. KRISHNAPPA, SINCE DECEASED BY HIS LEGAL REPRESENTATIVES (SMT. GAYATRI AND ORS.), SMT. NEELAMMA AND BRAHMANANDA

JUDGEMENT

(1.) RFA No. 1429/2006 is filed by the plaintiffs in O.S. No. 3828/1994 on the file of XXV Addl. City Civil Judge, Bangalore, being not satisfied with the judgment and decree dated 28.03.2006. Cross -objection No. 2/2011 is filed by the defendants, aggrieved by the decree passed by the Trial Court partially in favour of the plaintiffs. Heard Sri D.L.N. Rao, learned Senior Counsel appearing for the appellants, Sri K. Jagadish for the cross -objections cum respondents in the main appeal.

(2.) THE facts leading to this appeal are as hereunder:

(3.) THE defendants contested the suit. They denied the existence of the plaint schedule property. According to them, the documents relied upon by the plaintiffs are got up and concocted. It is also their case that Sy. No. 53/4 was later phoded as Sy. No. 53/4A which was measuring 1 acre 2 guntas without any kharab, Sy. No. 53/4B was measuring 38 guntas with 1 gunta of kharab, Sy. No. 53/4C measuring 1 acre 30 guntas with 34 guntas of kharab. One Muniswamappa was the owner of 1 acre 18 guntas along with kharab attached to Sy. No. 53/4. According to them, 30 guntas of land was sold by Muniswamappa along with 12 guntas of land karab under registered sale deed dated 04.06.1964. Likewise, they set up a title on their own. They denied that they were in unlawful possession of the plaintiffs property. In the circumstances, they requested the Court to dismiss the suit.