B RAVISHANKAR Vs. M SWAMY

JUDGEMENT

(1.) THE second defendant in O.S. No.399/2007 on the file of the I Addl. Judge, Small Causes and Addl. Senior Civil Judge, Mysore, has come up in this second appeal impugning the concurrent finding of the Courts below that the plaintiffs are the absolute owners of land bearing Sy. No.121/4 measuring 01 Acre 17 Guntas situated in K. Hemmanahalli village, Yelwala hobli, Mysore Taluk, while declaring the sale deed dated 26.05.2006 executed by defendant No.1 in favour of defendant No.2 as null and void as also the judgment and decree dated 01.09.20102 passed in R.A. No.284/2011 on the file of the V Addl. District Judge, Mysore, in reversing the finding of the trial Court on issue No.4 regarding permanent injunction and consequently, decreeing the suit of the plaintiff for the relief of permanent injunction also.

(2.) THE brief facts leading up to this second appeal are as under: -

(3.) THE suit in O.S. No.399/2007 is filed by respondent Nos.1 to 4 herein claiming themselves to be sons of one Mada, S/o Manti Balagai and as persons belonging to Scheduled Caste. It is the case of the plaintiffs that the suit property was the property of the family of plaintiffs' father Mada @ Madaiah, son of Manti Balagai, in whose name the aforesaid property stood for a long time and after his death the said property has come to the plaintiffs by succession.