RAJU Vs. C.P.SOMU

JUDGEMENT

(1.) The captioned second appeal is filed by the unsuccessful plaintiffs, who have questioned the concurrent findings of the Courts below, wherein the plaintiffs suit seeking relief of declaration and injunction is dismissed by both Courts.

(2.) For the sake of brevity, the parties are referred as they are ranked before the Trial Court.

(3.) The plaintiffs have instituted a suit asserting right and title over the suit schedule 'B' property measuring 71/2 guntas. The plaintiffs claim that schedule 'B' property is a part and parcel of the schedule 'A' property of the land bearing Sy. No.3/2C measuring 29 guntas. The plaintiffs contend that schedule 'A' property bearing Sy. No.3/2C, which was originally part of Sy. No.3/2, belongs to the plaintiffs. It is the specific case of the plaintiffs that Sy. No.3/2 measures 2 acres 3 guntas. The plaintiffs have specifically contended that 34 guntas in Survey No.3/2 was converted. The plaintiffs also admit that 34 guntas of land, which is converted, is sold to defendant and other two persons. However, plaintiffs claim that the road margin abutting to Bengaluru - Mysuru Road is retained by the plaintiffs.