D.R. CHANDRASHEKAR Vs. D.P. DEVARAJU

JUDGEMENT

(1.) This appeal is preferred by defendants 1 to 5, challenging the judgment and decree dtd. 5/3/2016 passed in Regular Appeal No.65 of 2012 on the file of the II Additional District Judge, Chikkamagaluru (for short, hereinafter referred to as 'First Appellate Court'), dismissing the appeal and confirming the judgment and decree dtd. 13/6/2012 passed in Original Suit No.168 of 2007 on the file of the Additional Senior Civil Judge and JMFC., Chikkamagaluru (for short, hereinafter referred to as 'Trial Court'), wherein the suit filed by the plaintiffs came to be decreed.

(2.) For the sake of convenience, the parties in this appeal are referred to as per their ranking before the Trial Court.

(3.) The relevant facts for adjudication of this appeal are that the land bearing Survey No.110/1 of Dantaramakki Village, Chikkamagaluru District measuring to an extent of 34 guntas is described as 'B' Schedule property. Plaintiffs are the grandchildren of late Doddappegowda. The said Doddappegowda acquired the schedule property by way of succession. It is also stated that the said Doddappegowda had five children namely, 1) Puttegowda-defendant No.6 (father of the plaintiff No.1), 2) Chikkanna, 3) Sannappaiahanna (his whereabouts are not known to parties), 4) Kenchamma, and 5) On 9/3/1965, Doddappegowda and his son Papanna. Puttegowda-defendant No.6 have executed a registered Sale Deed in favour of one D.R. Rangegowda to an extent of 29 guntas of land in Survey No.128 and the remaining four children of Doddappegowda were not parties to the said registered Sale Deed. Therefore, it is contended by the plaintiffs that the said registered Sale Deed dtd. 9/3/1965 is not binding on the plaintiffs. It is the specific contention of the plaintiffs that they have not claimed right over 29 guntas of land in Survey No.128 however, the defendant No.1 induced the defendant No.6-Puttegowda to execute a Rectification Deed dtd. 11/4/2002 and rectified the survey number as Survey No.110/1 with an intention to grab the schedule property.