MAHALINGAPPA AND ORS. Vs. SHIVAGANGAMMA AND ORS.

JUDGEMENT

(1.) Unsuccessful plaintiffs have filed this second appeal questioning the legality of Judgment and decree dated 06.07.2013 passed by Senior Civil Judge and JMFC, Tiptur in R.A. 139/2007 whereunder Judgment and decree passed by trial court dated 26.10.2007 in O.S.88/2006 dismissing the suit of plaintiffs which was for declaration of title by virtue of adverse possession and consequential relief of perpetual injunction having been rejected, came to be affirmed.

(2.) I have heard the arguments of Sri. M. Vinaya Keerthy, learned counsel appearing for appellants. Perused the Judgment and decree of the courts below.

(3.) It is the contention of Sri. M. Vinay Keerthy, learned counsel for appellants that subsequent to partition between plaintiffs and defendants on 30.08.1956 out of 6 acres 35 guntas in Sy. No. 2 of Hogavanaghatta Village, 5 acres 15 guntas was allotted to the share of Sri. Basavanna, 1st defendant and his mother Smt. Nanjamma and remaining 1 acre 20 guntas belonging to late Sri. Nanjamari, father of first appellant and husband of 2nd appellant since date of said partition but they have been in possession and enjoyment to an extent of 2 acres in the said survey number and as such plaintiffs had perfected their title to suit schedule property by adverse possession. He also submits that if for any reason this court were to come to a conclusion that plaintiffs not entitled to first relief, on the basis of revenue records plaintiffs would be entitled for relief of permanent injunction inasmuch as revenue records clearly depict plaintiffs are in possession and enjoyment of 2 acres in Sy. No. 2 and this material evidence having been ignored by the courts below though available on record has resulted in miscarriage in the administration of justice and as such there being erroneous appreciation of evidence it would give rise for this court to formulate substantial question of law as formulated in the appeal memorandum and as such he prays for formulating the same by admitting the appeal.