1. This is a plaintiff’s second appeal aggrieved by the dismissal of O.S. No. 25/98 on the file of the Civil Judge (Jr.Dn), Hunsur, and the dismissal of R.A. No. 83/02 on the file of the Civil Judge (Sr.Dn.) & JMFC, Hunsur.

2. Appellant instituted O.S. 25/98 on 19/3/1998 arragning the 1st respondent as defendant for a direction to the defendant to execute an amended or rectification deed incorporating the correct Sy. No. as 23/2, the extent as 2 acres 15 guntas, and the boundaries on the East and West, as described in the schedule to the mortgage deed dated 29/1/1970, by deleting Sy. No. 72/2, extent 3 acres 3 guntas, in the sale deed executed and registered on 8/2/1971 by one Kempegowda, S/o Kempwgowda.

3. The defendant described as Papanna @ Kempegowda, S/o. Kempegowda and Honga Eramma, on notice entered appearance, resisted the suit by filing written statement interalia denying the execution of the sale deed dated 8/2/1971 conveying 3 acres 3 guntas in Sy. No. 72/2 in favour of the plaintiff and the mortgage deed dated 29/1/1970 in favour of Sanna Naika in respect of 2 acres 15 guntas of land in Sy. No. 23/2. Defendant however admitted that he was the owner of land mea