SANGAPPA Vs. BASAPPA

JUDGEMENT

(1.) This second appeal is filed challenging the judgment and decree passed by the First Appellate Court in R.A.No.3/2002 dtd. 19/9/2006 and consequently confirm the judgment and decree passed in O.S.No.67/1999 dtd. 22/11/2001.

(2.) The parties are referred to as per their original rankings before the Trial Court to avoid confusion and for the convenience of the Court.

(3.) The factual matrix of the case of the plaintiffs is that they have filed the suit in O.S.No.67/1999, wherein sought the relief of declaration, partition and separate possession of half share in the suit schedule property, including mesne profits. The plaintiffs have contended in the said suit that suit schedule property was jointly cultivated by the father of the plaintiffs and also the defendants from the year 1946. The said property was considered as joint family property of the plaintiffs and defendants and that joint cultivation of the plaintiffs and appellants were considered by the revenue officials and was recorded in the RTC and father of the plaintiffs has paid the taxes to the Government and patta book reveals that the same was in joint cultivation. It is contended that the plaintiffs came to know that suit schedule property was got divided between the defendants and his children. Hence, the suit is filed.