KULLEGOWDA AND ORS. Vs. CHANDRASHEKARASWAMY AND ORS.

JUDGEMENT

(1.) THE appellants are before this Court assailing the concurrent judgments rendered by the Courts below.

(2.) IN a suit filed by the appellants herein as the plaintiffs in O.S. No. 108/2003 seeking for declaration and permanent injunction, the trial Court after detailed consideration has dismissed the suit. The plaintiffs were before the Lower Appellate Court in R.A. No. 6/2010. The Lower Appellate Court after re -appreciating the evidence available on record has concurred with the findings of the trial Court and dismissed the appeal by its judgment dated 29.09.2011. The plaintiffs are accordingly before this Court in this second appeal.

(3.) IN the light of the contention putforth, a perusal of the papers would indicate that the plaintiffs, who are the sons of the fourth defendant were before the Court below contending that their grand father namely, Sannegowda had two sons namely, Thimmegowda and Rangegowda i.e., the fourth defendant. In the division effected amongst the family members, property bearing Sy. No. 110 measuring 2 acres, 38 guntas i.e. the suit land had fallen to the share of Thimmegowda and 2 acres in Sy. No. 102 had fallen to the share of Rangegowda i.e., the fourth defendant. The fourth defendant had out of the income from the family funds purchased the property bearing Sy. No. 102 measuring 3 acres, 30 guntas from his elder brother Thimmegowda under the sale deed dated 14.12.1969. It is in that view, contended that the property which was therefore available to the joint family had been partitioned under a panchayat palu patti on 02.12.1977. The plaintiffs have also referred to the mutation entries in M.R. No. 15/93 -94 whereunder, the mutation was obtained pursuant to the palu patti. In that view, it is contended that the fourth defendant in such circumstance could not have executed the sale deed dated 22.09.1993 in favour of the first defendant.