K. JAYARAMAIAH Vs. NIJALINGAIAH

JUDGEMENT

(1.) This matter is listed for admission and I have heard learned counsel appearing for the appellant

(2.) This second appeal is filed against the concurrent finding of the Trial Court in dismissing the suit filed for the relief of declaration, partition and permanent injunction and confirmation made by the First Appellate Court in dismissing the appeal filed by the appellant.

(3.) The factual matrix of the case of plaintiff before the Trial Court is that suit schedule property is joint family and ancestral property of the plaintiff and defendants and the same is in their joint possession and enjoyment as on the date of filing of the suit. It is the contention that defendant No.4 is not having any absolute right over the suit schedule property and he illegally sold the suit property in favour of defendant No.1 with an intention to defraud the right of the plaintiff.