PATEL DODDAKEMPEGOWDA Vs. CHIKKEEREGOWDA

JUDGEMENT

(1.) Patel Doddakempegowda the plaintiff in O.S. No. 357 of 1974 on the file of the Munsiff, Ramanagaram, filed this second appeal. He is now represented by his legal respresentatives. He filed the suit against two defendants, Chikkeeregowda and Eregowda praying for possession of 16 guntas of land in Survey No. 158 of Gollahalli Village, Uyyamballi Hobli, Kanakapura Taluk.

(2.) The undisputed facts are that Survey No. 158 belonged to one Hayat Khan. Hayat Khan's sons are Rahimkhan, Jabbarkhan and Peerkhan. Jabbarkhan's wife is one Sabirabi. Somewhere about 20 years prior to the institution of the suit on 11-12-1974 Rahimkhan, Jabbarkhan and Peerkhan amicably partitioned the land into three bits. The partitioning of the land was done east to west.

(3.) The case of the plaintiff is that when the land was partitioned as stated above, each brother got 1 acre 4 guntas in his actual possession and continued to enjoy the said area. After the death of Jabbarkhan, Sabirabi his wife, executed a registered sale deed on 21-10-1967 transferring 1 acre 4 guntas that had fallen to her husband Jabbarkhan to the plaintiff and put him in possession. Since then he has been enjoying the said area which is the Southern bit in Survey No. 158. On 4-10-1970 defendant-1 Chikkeeregowda purchased the bit that had fallen to Peerkhan, that is, the northern portion, under a registerd sale deed. Defendant-2 Eregowda is the son of defendant-1. On 13-10-1972 defendant-2 purchased the middle bit that had fallen to the share of Rahimkhan under a registered sale deed.