JUDGMENT :

Abhay Manohar Sapre, J.

1. This appeal is filed by the defendants against the final judgment and order dated 18.07.2006 passed by the High Court of Karnataka at Bangalore in Regular Second Appeal No.498 of 2001 whereby the Single Judge of the High Court while exercising jurisdiction under Section 100 of the Code of Civil Procedure, 1908, allowed the appeal filed by the plaintiff (respondent herein), reversed the order of the First Appellate Court and confirmed the judgment and decree passed by the Trial Court holding that the respondent was entitled to a decree of title to the suit land.

2. The facts of the case lie in a narrow compass. Even the issue arising in the appeal is a short one. It would be clear from the facts mentioned hereinbelow.

3. The appellant Nos.1(a) to (d) are the legal representatives of defendant No.1 - Shri Nanjegowda - who died during the pendency of this litigation, appellant No.2 is defendant No.2 whereas the respondent is the plaintiff in the suit.

4. The dispute relates to an agricultural land bearing Sy.No. 44/14 B measuring 0.09 Guntas and Sy. No.44/14-D measuring 0.06 Guntas as detailed in schedule to the plaint (hereinafter referred to as “suit