JUDGMENT :

The present appellant was the defendant No.1 in O.S.No.77/1999, on the file of learned Civil Judge (Sr.Dn.), Virajpet, (hereinafter for brevity referred to as `trial Court’), which suit was instituted by the present respondent Nos.1, 2 and 3 for the relief of possession of the suit schedule properties, which are the two pieces of land measuring 2.25 acres and 0.50 cents. The present respondent No.4 was defendant No.2 in the trial Court. After contest, the said suit came to be decreed. Challenging the same, the present appeal has been filed.

2. The summary of the case of the plaintiffs in the trial Court was that the plaintiff Nos.1 and 2 are the children of plaintiff No.3, who was the wife of one deceased Bopaiah. The said Bopaiah had died three years prior to filing of the suit. The defendants are the sons of one late Muthanna, who died six years prior to filing of the suit. The said Muthanna had filed a civil suit against Bopaiah in O.S.No.48/1983, in the Court of Addl.Munsiff, at Virajpet for possession of two bits of land measuring 35 cents and 10 cents, in Survey No.48/2 and Survey No.48/3 respectively and sought for possession of the said alleged encroached land. Bop