SANJEEVA KULALA Vs. UMAKANTH KAMATH

JUDGEMENT

(1.) This matter is listed for admission. I have heard the counsel appearing for the appellants. This second appeal is also filed against the concurrent finding.

(2.) The factual matrix of the case of the plaintiff before the Trial Court is that, late Paddu Handthi and the defendants have been in possession and enjoyment of the land bearing Survey No.38/16. The specific case of the plaintiff before the Court is that, item Nos.1 and 2 of plaint 'A' schedule properties and other properties were granted on occupancy right to A. Vamana Kamath who is the father of the plaintiff. He has executed a registered settlement deed dtd. 2/8/2007 in favour of the plaintiff pertaining to plaint 'A' schedule properties and other properties. The plaintiff purchased item No.3 of plaint 'A' schedule property from Sanjeeva Kamat and Vrinda Kamanth through a registered sale deed dtd. 8/11/2003. Since the date of acquisition by the plaintiff, he has been in actual possession and enjoyment of the plaint 'A' schedule property.

(3.) It is contended that the portion of survey No.38/16 of Kalathur village measuring 1.75 acres and 25 cents, now bearing Survey No.38/31 (1.15 acres) and Survey No.38/32 (85 cents), situated immediately next to item No.1 of the plaint 'A' schedule properties belongs to the defendants who are the children of late Paddu Handa and Linga Handa.