(1.) Defendant Nos.1 and 2 in O.S. No.975/1989 on the file of Additional Munsiff, Davanagere, have come up in this Regular Second Appeal impugning the divergent finding rendered by the first appellate Court in R.A. No.50/2004 (old No.9/1997) on the file of Additional Sessions Judge, Fast Track Court - I, Davanagere.
(2.) The brief facts leading to this second appeal are as under:
(3.) This appeal was admitted on 06.04.2009 to consider the following substantial question of law: