B KOOSAPPA Vs. P VEERAPPA

JUDGEMENT

(1.) This second appeal by the defendant is directed against the judgment and decree dated 12-9-2007 passed by the Court of the Civil Judge (Sr. Dn.), Nanjangud, in the appeal in R. A. No. 70 of 1999. By the impugned judgment, the lower Appellate Court has confirmed the judgment and decree of the trial Court declaring the plaintiff as the owner of the plaint 'A' schedule property and granting possession of the plaint 'B' schedule property.

(2.) I have heard Sri. M. Sivappa, learned Senior Counsel for the appellant and perused the judgments of the two Courts below. Concurrent findings by both the Courts. Both the Courts have held that the plaintiff is the owner of the suit schedule properties. It is relevant to refer to para 16 of the lower Appellate Court's judgment:

(3.) Sri M. Sivappa, learned Senior Counsel appearing for the appellant by relying on Article 65 of the Limitation Act, 1963 contended that the claim for possession of the plaint 'B' schedule property was barred by limitation as the suit was not instituted within twelve years from the date of dispossession of the plaintiff. This contention is devoid of merit; but this was the legal position earlier under Article 142 of the Limitation Act, 1908.