ABDULMAJIDSAB Vs. PARAMESHWARAPPAGOUDA AND ORS.

JUDGEMENT

(1.) The plaintiff in O.S. No. 177/2004 has preferred this appeal, assailing judgment and award passed in R.A. No. 33/2012, passed by the Senior Civil Judge & JMFC, Hirekerur, dated 16/12/2015, by which, judgment and decree passed in O.S. No. 177/2004, dated 11/10/2012, by the Civil Judge & JMFC, Hirekerur, has been affirmed.

(2.) For the sake of convenience, parties shall be referred to, in terms of their status before the trial Court.

(3.) The appellant - plaintiff, filed the suit seeking declaration and injunction in respect of the suit schedule property, comprising of agricultural land bearing R.S. No. 90/1, measuring 4 Acres out of 5 Acres, situated at Hallur village, Hirekerur Taluk, Haveri District. It is the case of the plaintiff that suit property was originally owned and possessed by father of the plaintiff Gafarsab Jamalsab Mulla. He died on 12/12/1986 at Hallur village, leaving behind him four sons and four daughters. All the four daughters of Gafarsab gave up their rights over the suit schedule property and only the names of the sons were mutated in the cultivator's column of RTC in respect of the schedule property through M.E. No. 1606 of Hallur village. The said entry was certified in the year 1980 itself by the concerned authorities.