MAHADEV Vs. KAMALABAI W/O. KALLAPPA MELAGE

JUDGEMENT

(1.) The present second appeal is filed by the plaintiff under Sec. 100 of Code of Civil Procedure, 1908[Hereinafter referred to as 'CPC'] challenging the judgment and decree dtd. 25/11/2008 passed in RA No.125/2007 by the Additional District and Sessions Judge, Fast Track Court IV, Belgaum[Hereinafter referred to as the 'first appellate Court'] and the judgment and decree dtd. 2/1/2004 passed in OS No.140/2002 by the III Additional Civil Judge (Jr.Dn) Belgaum[Hereinafter referred to as the 'Trial Court'], wherein the suit for declaration and possession filed by the plaintiff has been decreed by the Trial Court, which has been set aside by the first appellate Court.

(2.) The parties will be referred to as per their ranking before the Trial Court, for the sake of convenience.

(3.) It is the case of the plaintiff that he is the owner of suit property which is a residential house measuring 26 feet x 10 feet and a shed measuring 12 feet x 10 feet, together forming part of Municipal No.244/100A corresponding to CTS No.4879/46B, situated at Fulbag Galli, Belgaum. That defendant No.1 is the sister of the plaintiff and defendant No.2 is her husband.