JUDGMENT: P. Sathasivam, J.

1) Leave granted.

2) This appeal is directed against the judgment and order dated 08.07.2005 passed by the High Court of Karnataka at Bangalore in Regular Second Appeal No. 242 of 2001 modifying the judgment and decree in part that the plaintiff is owner and in possession only to an extent of 7.00 acres of land.

3) BRIEF FACTS: Mahaboobsab Modinsab Agasimani, plaintiff in O.S. No. 129 of 1990 on the file of the Principal Civil Judge, Hubli is the appellant in the above appeal. The appellant/plaintiff filed the said suit for declaration declaring him as the absolute owner of the suit property bearing RS. No. 93/3 measuring 7 acres and 10 guntas situate at Palikoppa in Hubli. According to the plaintiff, he is the owner and in possession of the suit property which came to the share of his father in the year 1973 in their family adjustment among the brothers. Subsequently, father of the plaintiff and others got their shares entered vide ME No. 480. The same has not been challenged by the defendant so far. The defendant is the owner and in possession of R.S. No. 98/2 measuring 6 acres 30 guntas since 1973. Both the lands are adjacent to one another. Though the