JUDGMENT :

This second appeal is preferred by the defendant in O.S No.765/2007 on the file of III Additional Civil Judge and JMFC at Tumakuru whereby suit of the plaintiff came to be decreed, and aggrieved by the same, the defendant has filed RA No.16/2015 on the file of Principal Senior Civil Judge and CJM, Tumakuru whereby the First Appellate Court by judgment and decree dated 30.11.2019 dismissed the appeal and confirmed the judgment and decree dated 03.02.2015 in O.S No.765/2007 passed by the trial Court. Being aggrieved by the same, the defendant has filed second appeal.

2. For the sake of convenience, parties in this appeal are referred to as per their status before the trial Court.

3. The suit is filed by the plaintiff for relief of declaration in respect of suit schedule property and claiming right in respect of suit schedule property based on the registered sale deed dated 20.12.2000 executed by H.R.Subba Rao in favour of the plaintiff and pursuant to the same revenue records have been mutated in favour of the plaintiff, thus, exercising rights insofar as suit schedule property. It is further stated in the plaint that the defendant has no right, title and interest insofar as