(1.) The plaintiff is in second appeal.
(2.) The plaintiff sought for declaration that he was the owner, Inamdar and Pattedar in possession of land bearing Sy.No.107 measuring 10 acres 22 guntas in Shaik Roza of Gulbarga. A decree of perpetual injunction was also sought for.
(3.) It was the case of the plaintiff that he was the Inamdar of the suit property and his younger brother's name had been entered in the record of rights and both of them were in joint possession. It was stated that out of the said lands, some portion was un-cultivable and was falling within the city corporation limits. He stated that defendant had approached him to give him a bit of land out of the suit property free of cost, but since this was refused by the plaintiff, he had turned hostile and started to encroach upon his property. In the light of this, the plaintiff was constrained to file the suit.