Judgment :-

R.V. Raveendran, J.

These appeals by special leave are by the plaintiffs in a suit (O.S.No. 714 of 1982 before the City Civil Judge, Bangalore City) for a declaration of title and consequential relief of permanent injunction in respect of Sy.Nos. 30 and 31 of Jakkasandra Village, Begur Hobli, Bangalore South Taluk.

2. The case of plaintiffs in brief is as follows : Plaintiffs are the owners of a tank called "Maistry Kere" bearing Survey No. 30, (Old Survey No. 25) measuring 11 acres 21 guntas and land bearing Survey No. 31 (Old Survey No. 26) measuring 1 acre 9 guntas situate in Jakkasandra Village, described in the plaint schedule as items 1 and 2. The said tank and land were earlier part of Block No. 61 measuring 297 Acres 16 Guntas known as 'Dalavai Dinne', which belonged to their Great great grandfather – Kurakalu Venkataramana Maistry. That the said Venkataramana Maistry executed a deed of settlement dated 7.1.1874 (Ex. P.2) settling the said Dalavai Dinne upon his son Chikkahanumaiah. The said Dalavai Dinne identified as Block No. 61 was re-surveyed and allotted Re-Survey Nos. 16, 19, 20, 21, 23, 27 to 35. A portion of the said Dalavai Dinne measuring 102 acres wa