M. P. CHANDRAKANTARAJ, J.

( 1 ) THIS is a defendant's second appeal having suffered adverse Judgments and decrees by the trial Court as well as the lower appellate Court. The brief facts leading to this appeal may be stated and they are as follows: plaintiffs Basavaraju, Gancshappa and parvathi filed Original Suit No. 173 of 1981 in the court of the Principal Munsiff at Arasikere pleading that defendant Shivananjappa was none other than the brother of the father of plaintiffs 1 and 2 and husband of plaintiff No. 3 Byregowda. Defendant had dispossessed them from the suit schedule properties after Byregowda had left arasikere without being traced some two years earlier. It was their case that the defendant (appellant in this Court) had been enjoying suit property for 7 to 8 years prior to the filing of the suit denying them the fruits though there was a partition between Byregowda and the defendant shivananjappa. The fact that Byregowda had not been traced for more than nine years, lead to the presumption that he was dead and therefore, plaintiffs 1 to 3 had acquired, right, title and interest in the properties of Byregowda and therefore, they were entitled to the declaration of title

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