PAVADAPPA Vs. YAMANOORAPPA

JUDGEMENT

(1.) DEFENDANTS of an original suit bearing O.S. No. 39/1997, which was pending on the file of the Civil Judge (Jr. Dn.), Kushtagi are before this Court. Suit filed by the respondent herein as plaintiff suit for the reliefs of declaration of title and permanent injunction has been decreed as prayed for vide considered judgment dated 09.10.2001. Against the said judgment and decree, an appeal came to be filed under Section 96 of CPC in R.A. No. 65/2004 before the District Court at Koppal. The said appeal has also been dismissed after contest. Hence, the concurrent findings are called in question before this Court. Parties will be referred to as plaintiff and defendants as per their ranking given in the trial Court.

(2.) FACTS leading to the filing of the suit are as follows:

(3.) AFTER the suit was got amended seeking the relief of declaration of title, additional written statement came to be filed by defendant No. 1 stating that plaintiff has no title or possession over the suit schedule property and that the defendants are in lawful possession of the schedule property, more particularly, on the basis of a decree obtained by them in O.S. No. 71/1999 passed by the Court of Civil Judge (Jr. Dr.), Kushtagi against the Bheemappa the alleged vendor of the plaintiff. On the basis of the above pleadings following issues came to be framed.