RUDRAPPA AND ORS. Vs. SHIDDAPPA AND ORS.

JUDGEMENT

(1.) THIS is the defendants second appeal against the judgment and decree dated 1.4.2015 in R.A. No. 62/2012 on the file of II Addl. District and Sessions Judge, Haveri, sitting at Ranebennur.

(2.) FOR the purpose of convenience the status of the parties is referred to as per their ranking before the trial Court.

(3.) THE learned counsel appearing for the defendants mainly contended that the suit property was in joint possession of the plaintiffs and defendants ancestors. The father of the plaintiffs and defendants had filed Form No. 7 being members of the undivided family and the lands granted by the Tribunal were jointly enjoyed by the plaintiffs and the defendants. It is further submitted that an oral partition was effected between the plaintiffs and the defendants in the year 1995, pursuant to which a wardi was filed in the year 1995 before the authorities and accordingly M.E. No. 621 was certified mutating the suit property in the name of defendants. The trial Court without appreciating the material evidence on record decreed the suit in part. The lower appellate Court further misconstrued the evidence available on record and ignoring the wardi and M.E. No. 621 i.e., the mutation order Exs. P.6 to 8 and Ex. P.13, dismissed the appeal and allowed the cross objections of the respondents.