WILSON PREM KUMAR Vs. S.M.SUMITRA

JUDGEMENT

(1.) Both these appeals arise out of a common Judgement passed by the First Appellate Court. Since, both these matters involve common questions of law and facts and parties to the cases are common, these matters are taken up together for disposal.

(2.) The appellant in both these cases is the defendant before the trial Court in O.S. Nos.65 and 66/2005. The respondents in R.S.A.No.91/2017 and R.S.A.No.92/2017 are the plaintiffs in O.S. No.65/2005 and O.S. No.66/2005 before the I Additional Civil Judge (Sr.Dn.)and JMFC, Chitradurga respectively. Plaintiff in O.S.No.65/2005 is the husband of the plaintiff in O.S.66/2005. They filed O.S.No.65/2005 and 66/2005 against the present appellant for declaration of their title to the suit schedule property and mesne profits. For the purpose of convenience parties will be referred to hereafter with their ranks before the trial Court.

(3.) The subject matter of O.S.No.65/2005 is the site measuring East-West 70 feet, North - South: 21 feet, total extent 1470 Sq.Feet consisting of a building thereon measuring 35 X 20' carved out in the northern side of the property M.A.No.2779/1954/A (87/2779/1954A) Old No. 1954/1340, 1954/1340/B, 1661/2/1340/1337B, Bounded on: