NAGAPPA Vs. V NAGARAJ

JUDGEMENT

(1.) This second appeal is focussed by the defendants 1 to 4, animadverting upon the judgement and decree 9.7.1999 passed in A.S. No. 6 of 1999 by the Sub Judge, Hosur, reversing the judgement and decree dated 9.12.1998 passed by the District Munsif, Hosur, in O.S. No. 450 of 1996. For the sake of convenience, the parties are referred to hereunder according to their letigative status before the trial Court.

(2.) A summation and summarisation of the relevant facts, which are absolutely necessary and germane for the disposal of this second appeal, would run thus: The respondent/plaintiff filed the suit O.S. No. 450 of 1996 as against as many as 7 defendants, soaking declaration of title over the land bearing Survey No. 9/10 measuring an extent of 14 acres (34 cents) and for obtaining delivery of possession of the same, as against which, the defendants 1,2 and 4 filed the written statement and resisted the suit.

(3.) During enquiry, the trial Court framed the relevant issues. The plaintiff examined himself P.W. 1 along with one R. Hema Raj no. P.W.2 and Exhibits A-1 to A-10 were marked. The first defendant examined himself as D.W.1 along with D.3 as D.W.2, one Sadhappa Naidu no. D.W.3, Mani as D.W.4 and Umavathy as D.W.5 and Exhibits B-1 to B-8 were marked.