K. ASUDABI Vs. B. ABDUL RAZAAK

JUDGEMENT

(1.) The appellant is the defendant in original suit bearing No. 64/2001 which was pending on the file of the Civil Judge (Junior Division), Harapanahalli, Dadvanagere has filed this appeal under Sec. 100 CPC. Concurrent findings are called in question by filing an appeal in RSA No. 2349/2007. The respondent is the sole respondent in the said suit. They are referred to as plaintiff and defendant as per their ranking given in the Trial Court.

(2.) The plaintiff chose to file a suit for the following relieves as found in para - 9 of the plaint. For better clarity, schedule appended to the plaint is also extracted below: - -

(3.) The case of the plaintiff is that he is the absolute owner in possession of the suit schedule property and it originally belonged to Late B. Hussain Peer Sab, who died in the year 1976. The plaintiff is stated to have derived the suit schedule property through partition deed and also mutation effected to the plaintiff on 27.08.1997.