JUDGMENT

P.N.Desai, J. - This appeal by the plaintiff lays challenge to the judgment and decree passed by the First Appellate Court in R.A.No.58/2006 dated 20.09.2006 wherein the First Appellate Court partly allowed the appeal to the extent of grant of perpetual injunction and set-aside the judgment and decree passed in O.S.No.44/2005 dated 04.02.2006 by the V Addl. Civil Judge (Jr. Dn), Gulbarga, in respect of declaration of title over the suit schedule property and dismissed the suit in respect of that prayer.

2. The parties will be referred as plaintiff and defendant as per their respective ranks before the Trial Court in this judgment for convenience.

3. The brief contention of the parties are as under:

The plaintiff appellant instituted a suit for declaration of title and permanent injunction in respect of suit property which is situated in Hirapur village Taluka and District Gulbarga. It is contended that the plaintiff and defendant are the sister and brother. The house bearing No.2-188 measuring 75 feet x 122 feet consisting of 06 rooms was the property of father of plaintiff and defendant. After his death the parties to the suit and another deceased brother of the defendant