BALAVANT BASAVANT MUTAKEKAR Vs. SIDDALINGAPPA BASAPPA ARAGAVI

JUDGEMENT

(1.) IN this second appeal the plaintiffs challenges the order of the first appellate Court refusing to grant possession and mandatory injunction prayed for and the direction that the plaintiffs are at liberty to take appropriate proceedings for recovery of the value of the encroached 6 guntas of land from the defendants.

(2.) THE parties are referred according to their array in the trial Court.

(3.) THE plaint schedule property is part of Sy. No. 731/3 of Angol Village, Belgaum. Sy. No. 731/3 measuring 30 guntas was the ancestral property of the plaintiffs and their uncle Nagappa Balappa mutakekar. Long before 1948, the land was partitioned between the plaintiffs and the aforesaid nagappa Balappa Mutakekar, each getting 15 guntas. The eastern 15 guntas was numbered as 731/3/2 belonging to the plaintiiffs and the western 15 guntas was numbered as 731/3/1 in favour of Rakhavant Kaur Gurudayal singh who inturn sold the said land to the first defendant under a sale-deed dated 23. 12. 1948.