HANMANT AND ORS. Vs. SIDDAPPA AND ORS.

JUDGEMENT

(1.) THIS is defendants' second appeal. Suit filed by respondents 1 to 6, to handover possession of the suit land was decreed and an appeal filed by the defendants was dismissed.

(2.) RESPONDENTS 1 to 6 instituted the suit alleging encroachment of 6 guntas of land by the appellants, out of their property measuring 3 acres in Sy. No. 158/2 and 3 acres in Sy. No. 158/3 of Tamba Village, Taluk: Indi. The suit was contested by filing written statement of defendant No. 1, which was adopted by defendant No. 2 by filing a memo. The claim of the plaintiffs that there is encroachment of an area of 6 guntas of suit land by the defendants was denied and it was contended that the defendants are in actual possession and enjoyment of the alleged encroached area for more than 30 years, as owners, openly and to the knowledge of whole world and hence, they have acquired title by adverse possession. Cause of action to the suit, as stated in the plaint, was denied and it was contended that the suit is not maintainable. During the pendency of the suit, defendant No. 2 having died, his legal representatives were brought on record. Defendant No. 2(c) filed separate written statement.

(3.) WHETHER plaintiff is entitled for possession of encroached portion? If so, how much? 4.TO what order and decree?