SIDDAPPA SHIVANAPPA KURABAR Vs. NINGAPPA

JUDGEMENT

(1.) This is the second appeal preferred by the plaintiffs-appellants challenging the judgment and decree passed by the Trial Court which is confirmed by the First Appellate Court.

(2.) The appellants filed the suit in O.S.No.21/2004 seeking the relief of possession and mesne profits as against the defendants. It is averred in the plaint that suit is filed to recover the possession measuring 1 acre, 15 guntas out of land bearing Sy.No.18/2 in Gudnal village and whereas 1 acre, 39 guntas out of land bearing Sy.Nos.122/1 A and 122/1B of Bevoor village along with mesne profits with costs of the suit and also for other reliefs.

(3.) The plaintiffs described the land schedule property in plaint paragraph No. 5. As it is mentioned in the judgment plaintiffs have furnished the genealogy of the family. It is the case of the plaintiffs that the father of the plaintiffs and their senior uncle and junior uncle were in joint cultivation of the lands situated at Gudnal village at Sy.Nos. 17 and 18 and at Bevoor Sy.No. 122. But however they got partition effected between them in a year 1958. As per the partition, the properties were came to the plaintiffs under respective allotment. In the said partition, when the lands bearing Sy.Nos.18 and 122 pot hissa were measured by land Survey Department on 24.07.2002, the plaintiffs realised that they are in possession of the suit schedule properties and the defendants are in excess possession. Therefore, the suit has been filed to recover the excess possession, which is said to be with the defendants.