JUDGMENT

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is filed by the plaintiff against the final judgment and order dated 04.04.2014 passed by the High Court of Karnataka, Bench at Dharwad in Regular Second Appeal No.213/2007(INJ.) whereby the High Court allowed the appeal filed by the respondent herein and set aside the judgments and decrees of the Trial Court and First Appellate Court.

3. In order to appreciate the issues involved in the appeal, it is necessary to state few relevant facts.

4. The appellant is the plaintiff whereas the respondent is the defendant in the civil suit out of which this appeal arises.

5. The dispute involved in the appeal relates to a shop measuring 9 ft. 9 inch North and 5 ft. East West situated out of land bearing CTS 1590/A-4 in the City of Belgaum (as detailed in plaint) (hereinafter referred to as "suit shop").

6. One Vithal Dhopeshwarkar was the owner of the suit shop along with the land over which the suit shop is built and some adjoining land. He sold the land and the suit shop to the appellant vide registered sale deed dated 20.09.1997 (Annexure P-6). The respondent (defendant) was in possession of the suit shop even prior to its