FRANCIES Vs. AROGYAMMA

JUDGEMENT

(1.) This appeal is filed challenging the judgment and decree dated 20.3.2010 passed in O.S.No.1345/2002, on the file of the XXXIX Additional City Civil Judge, Bangalore City, dismissing the suit filed by the plaintiffs.

(2.) The parties are referred to as per their original rankings before the Court below to avoid the confusion and for the convenience of the Court.

(3.) The appellants/plaintiffs are the sons of late Dodda Anthony and late Chikka Anthony. Their ancestors had purchased 18 guntas of land in Survey No.23 of Dasarahalli Village, Mariyappana Palya, K.R. Puram Hobli, Bangalore South Taluk under a registered sale deed dated 8.12.1951. After purchasing the above said property, their ancestors had applied for katha and bifurcation of the property. After bifurcation, new number was given as 23/8 only for 15 guntas, by stating that only 15 guntas of land was available in Survey No.23. The plaintiffs have constructed six houses in the above said property and they are living with the family members in the said property. They have taken electricity from KEB and also they are paying taxes to the Dasarahalli Panchayath and voters' list and other documents are also produced before the Court below in order to establish their right for the above said property.