JUDGMENT

Abhay Manohar Sapre, J.

This appeal is filed by defendant No.1 against the final judgment and order dated 25.10.2006 passed by the High Court of Karnataka at Bangalore in Regular First Appeal No.242 of 2004 whereby the High Court allowed the first appeal filed by respondent No.1(plaintiff) and modified the judgment/decree of the Trial Court dated 09.02.2000 passed by the IIIrd Additional Civil Judge, Dharwad in O.S. No. 151 of 1993 and accordingly passed a decree for possession of the suit land against the appellant in relation to the suit land.

2. In order to appreciate the issue involved in the appeal, which lie in a narrow compass, few relevant facts need mention herein below.

3. The appellant is defendant No.1 whereas respondent No.1 is the plaintiff and respondent No.2 is defendant No.2 in a suit out of which this appeal arises. Plaintiff and defendant No.2 are the legal representatives of Veerabasayya, who was the original owner of the suit land.

4. The dispute in this appeal relates to the land bearing R.S. No. 177/3A+3B admeasuring 7 acres 37 guntas, R.S. No.161/2A admeasuring 12 acres 36 guntas. Situated at Shirol Village, R.S. No.24/5, admeasuring 5 acres 02 guntas si