BASAPPA YALLAPPA SAMBOJI Vs. MAHADEVAPPA BALAPPA SAMBOJI

JUDGEMENT

(1.) The appellants were the plaintiffs. Suit was filed to pass decree of declaration of title in respect of suit schedule property and for grant of permanent injunction against the defendants, from causing any obstruction in the peaceful possession and enjoyment of the suit property, which is an open space, by the plaintiffs. The claim of the plaintiffs was contested by filing written statement. Based on the pleadings six issues were raised. Having regard to the evidence brought on record, the trial Court decreed the suit and declared that the plaintiffs are the absolute owners in possession of the suit schedule property and the defendants were restrained from interfering with the plaintiffs' peaceful possession and enjoyment of the suit property.

(2.) An appeal having been filed assailing the said decree and having been prosecuted by the defendants 2 and 3, following points were raised for consideration:

(3.) Heard the learned advocates on both sides and perused the records. Since there is fundamental error committed by the lower Appellate Court, it is unnecessary to record the rival contentions and answer the same.