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2000 Supreme(SC) 1077

B.N.KIRPAL, R.P.SETHI
Basappa – Appellant
Versus
Puttappa – Respondent


B.N.KIRPAL, J.

(1) LEAVE granted.

(2) COUNSEL for the petitioner states that the name of Respondent 1(f) be deleted. The same is allowed at the risk of the petitioner

(3) THE respondent deceased Puttappa had filed a suit OS No. 243 of 1978 in the Court of Munsif, Kadur for declaration of title and injunction or in the alternative for possession of the suit land. This suit was filed against Basappa, who was Puttappas brother-in-law.

(4) BASAPPA, who is represented by his legal representatives who are the appellants in this appeal, in his written statement denied the title of Puttappa. His case was that Puttappa was only an ostensible owner and Basappa was the real owner. It was further contended in the written statement that Basappa had been in possession openly, continuously and adversely to the knowledge of Puttappa right from 1962 and as such he had perfected the title by adverse possession.

(5) THE trial court by judgment dated 29-10-1980 decreed the suit holding that Puttappa was the real owner. The trial court further held that though Basappa was in possession of the land, it would not prove that he had perfected his title by






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